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REPORTS 


... 


O  >j 


@n  faius  oi  ^^ng.laaJt, 

PRESENTED 

TO  THE  NEW  ENGLAND  MEETING 

Convened  at  the  ffleionaon,  Sept.  19  and  20, 1855. 


WEDNESDAY,  SEPT.  19,  1853. 

The  Meionaon  was  well  filled  this  morning 
at  10  o’clock,  when  Harriet  K.  Hunt  took  the 
platform  and  delivered  an  address. 

The  following  persons  were  then  chosen  as 
Officers  of  the  Convention  : 

‘  President— Mrs.  Paulina  W.  Davis,  of  Provi¬ 
dence. 

Vice  Presidents — Harriet  K.  Hunt,  of  Bos- 
ton,  Caroline  H.  Dali,  of  West  Newton,  Susan 
Harris,  Harriette  M.  Carlton,  of  Dorchester, 

1  Caroline  M.  Severance,  of  Roxbury,  Mrs. 

■  Jackson,  of  Plymouth,  Rev.  T.  W.  Higginson, 

•  of  Worcester. 

y  Secretaries— Miss  Carlton  and  Wm.  Fish, 

of  Hopedale. 

Business  Committee— Dr. Wm.  F.  Channing, 
Mrs.  Severance,  Mrs.  Dali,  Miss  Young,  Wen- 
^  dell  Phillips,  Miss  Eliza  Thayer,  and  Mrs. 
:  Marjoram. 

Mrs.  Davis  assumed  the  Chair,  with  an  ad- 
,  dress  on  the  hopes  and  purposes  of  the  W  Oman’s 
Movement.  She  advised  incidentally  the  pre- 
sentation  of  memorials  to  every  Legislature  in 
1-  every  State,  asking  for  women  the  right  of  citi- 

V  zenship.  Petitions  must  be  circulated  for  sig- 
natures  in  every  school  district.  Women  need 

[  to  carry  their  zeal  to  the  point  of  living  for 
(  their  cause ;  a  task  more  difficult  than  dying 

V  for  it. 

D  Mrs.  Caroline  H.  Dali  then  read  the  follow- 
^  ing  Report.  It  was  succeeded  at  various  peri¬ 
ods  of  the  Convention  by  others,  upon  the 


laws  of  Rhode  Island,  Vermont  and  New 
Hampshire ;  and,  for  the  sake  of  unity,  these 
papers  will  follow  each  other  here,  and  be 
merely  adverted  to  in  the  order  in  which  they 
were  actually  read. 


REPORT 

CONCERNING  SOME  OF  THE  LAWS  OP  MAS¬ 
SACHUSETTS  IN  RELATION  TO  WOMEN. 

W.  Ne  wton,  July  2,  1855. 
Mrs.  President : 

At  a  meeting  held  at  the  house  of  Harriet 
K.  Hunt,  on  the  30tlf<of  May  last,  I  was  ap¬ 
pointed  a  committee  to  make  some  inquiries  of 
Mr.  John  W.  Browne,  concerning  a  report, 
which  it  was  supposed  he  had  undertaken, 
relating  to  those  Laws  of  the  State  of  Massa¬ 
chusetts  which  concern  women. 

On  the  5th  day  of  June,  I  had  an  inter¬ 
view  with  Mr.  Browne,  and  discovered  that 
the  report  which  he  had  undertaken  to  make 
was  a  far  more  elaborate  one, — it  being  rather 
“A  Report  upon  the  General  Law  of  hus¬ 
band  and  wife,  or  a  digest  of  the  laws  of  the 
several  states  of  the  United  States,  which 
concern  woman.” 

This  work  was  undertaken  by  Mr.  Browne, 
some  years  ago,  and  after  devdtihg  his  leisure 
to  it  for  many  weeks,  he  laid  it  aside  because 
it  seemed  to  him,  from  its  nature,  to  demand 
years  for  its  fulfilment.  His  report  would 
have  been  after  all  only  a  law-book,  curious 


2 


rather  than  useful.  It  would  not  meet  the 
wants  of  women,  nor  greatly  aid  them  to  se¬ 
cure  what  are  called  their  Rights.  He  was  of 
opinion,  that  this  question,  like  that  of  African 
slavery,  must  he  treated  on  great  general  prin¬ 
ciples,  rather  than  on  particular  enactments  or 
abuses. 

This  statement  is  undoubtedly  true,  unless 
the  general  bearing  of  special  enactments  or 
abuses  can  be  fully  comprehended.  Yet  I  did 
not  feel  at  liberty  to  leave  the  matter  here. 
I  knew  that  those  who  empowered  me  as  a 
committee,  would  expect  me  to  make  some 
statements  in  regard  to  the  Massachusetts  Law 
to  this  meeting ;  and  although  I  had  felt  from 
the  beginning  that  anything  thorough  and 
satisfactory  was,  from  the  nature  of  the  case, 
impossible,  yet  a  general  outline  was  both  de¬ 
sirable  and  necessary. 

The  protest  signed  by  Lucy  Stone  and 
Henry  Blackwell  on  the  occasion  of  their 
marriage,  seemed  to  relate  to  whatever  was 
most  objectionable  in  all  law,  every  where.  I 
take  it,  therefore,  section  by  section,  as  the 
foundation  of  whatever  remarks  I  may  wish 
to  make,  and  the  expression  of  such  opinions 
as  this  meeting  may  naturally  be  supposed  to 
hold. 

In  the  first  place,  I  would  remark,  that  I  do 
not  know  of  any  laws  here,  or  elsewhere,  that 
oppressively  affect  single  women ;  nor  do  I 
know  of  any  which  positively  deny  their  civil 
rights,  or  refuse  to  them  the  very  highest  edu¬ 
cational  privileges. 

When  such  things  occur,  it  is  as  the  conse¬ 
quence  of  misrepresentation,  male  interpreta¬ 
tion,  as  some  of  our  friends  say ; — of  the 
union  of  large  bodies  of  men,  manufacturers 
and  the  like, — or  by  force  of  custom ; —  per¬ 
haps,  in  addressing  women,  I  should  say  fash¬ 
ion,  which  we  all  know  to  be  more  tyrannical 
than  law. 

In  the  second  place,  and  in  the  words  of 
our  protest,  all  persons  interested  in  securing 
the  rights  of  women,  are  prepared  to  object  to 
such  laws  of  any  State,  as  give  to  the  husband, 

1.  The  custody  of  the  wife's  person. 

In  Massachusetts  the  husband  has  this  cus¬ 
tody  by  the  common  law,  and  I  know  of  no 
special  enactment  to  the  contrary.  Probably 
no  right  with  which  he  is  invested  occasions 


more  suffering  than  this,  yet  it  is  necessarily 
of  a  kind  to  be  passed  over  in  silence,  and 
which, — speak  of  it  impersonally  as  we  will, — 
it  seems  unfit  to  press  publicly  upon  the  atten¬ 
tion  of  an  audience.  But,  if  the  results  of 
this  right  are  sustained  by  the  laws  of  the 
land  ;  should  they  be  such  as  we  must  blush 
to  speak  of;  if  women  die  under  its  inflictions, 
— are  they  never  to  find  those  of  their  own  sex 
strong  enough  to  show  the  reasons  why,  and 
pure  enough  to  remain  unsuspected  in  doing 
so  ?  To  what  extent  this  right  may  be  sus¬ 
tained,  those  interested  may  see  by  referring 
to  Bishop,  on  Marriage  and  Divorce,  Section 
489,  where  a  case  recently  decided  in  Connec¬ 
ticut,  is  detailed.  Here  a  wife  was  driven  in 
her  extremity  to  appeal  for  a  divorce.  The 
Court  found  all  the  facts  as  she  stated  them, 
but  refused  to  grant  her  prayer,  because 
the  husband  had  no  means  of  ascertaining 
that  her  health  was  injured,  except, — her 
own  assertion  !  Will  it  be  believed  that  the 
Court  neither  required  the  husband  to  find 
such  evidence  for  the  future,  nor  instructed 
the  injured  wife  as  to  some  legal  way  of  re¬ 
sisting  such  demands  ?  And  yet  women  know 
that  the  coarsest  woman  must  have  suffered  in 
no  ordinary  degree,  before  she  could  have 
been  driven  into  a  public  statement  of  such 
grievances  ?  In  relation  to  such  a  right,  it 
may  be  said,  that  every  thing  will  depend 
upon  the  character  of  the  husband,  and  that 
no  good  man  would  feel  himself  justified  by  it. 
Precisely  for  this  reason  ought  the  law  to  be 
altered.  Only  the  conduct  of  a  violent,  abus¬ 
ive  man,  regardless  of  all  holy  obligations,  is 
likely  to  come  before  a  Court  under  it ;  and 
such  men  ought  not  to  be  sustained  by  the 
law  ;  nor  would  they  be,  if  those  sitting  on  the 
bench  felt  themselves  free  enough  from  re¬ 
proach  in  kindred  matters,  to  be  competent  to 
decide  according  to  the  absolute  standard. 
Have  the  law  and  the  Courts  so  little  interest 
in  the  welfare  of  the  State,  that  the  personal 
degradation  of  the  wife,  which  this  law  in¬ 
volves,  is  nothing  to  them?  Can  ignoble 
mothers  bring  forth  noble  sons  ?  What  would 
you  name  the  woman  who  should  voluntarily 
give  her  person  into  another’s  custody  ?  and 
what  effect  do  you  think  it  would  have  upon 
the  world,  if  all  the  unmarried  comprehended 
the  extent  of  the  power  here  given  to  the 


3 


husband,  a  power  of  life  and  death — no  less  ! 
Here  is  a  case  where  the  great  Goethe  might 
have  said,  as  he  said  of  lesser  matters, 

— “  a  synod  of  good  women  should  decide.” 
Thirdly,  we  object  to  investing  the  husband 
with  the 

2.  Exclusive  control  and  guardianship  of  his 

children. 

In  Massachusetts  I  am  told  the  law  amounts 
to  this.  In  general,  the  father  is  entitled  to 
the  exclusive  control  and  guardianship  of  the 
children.  Yet  this  right  is  not  absolute. 
Massachusetts  does  not  forget  that  she  stands 
in  the  sacred  relation  of  mother  to  all  her 
children,  and  that  their  good  is  the  predomi¬ 
nant  consideration.  While  the  children  re¬ 
mained  dependent  on  a  mother’s  nurture,  her 
right  would  be  regarded,  and  if  the  father 
were  manifestly  unfit,  the  Courts  would  not 
give  them  into  his  custody.  This  is  a  case,  as 
you  will  see,  in  which  the  practice  of  the  State 
has  always  been  better  than  her  principle ; 
yet  where  it  was  possible  for  many  cruel 
decisions  to  be  made  under  cover  of  the  faulty 
principle.  A  favorable  change  has  however 
taken  place  in  this  respect,  since  the  last  session 
of  the  Legislature.  By  referr  ing  to  the  statutes 
of  the  session  of  1855,  Chap.  137,  Sect.  7,  it  will 
be  seen  that  in  all  “  cases  in  which  the  Su¬ 
preme  Judicial  Court,  or  any  justice  thereof, 
shall  be  required  to  adjudicate,  relative  to  the 
custody  of  children,  pending  any  controversy 
between  the  parents  thereof,  or  in  regard  to 
the  final  possession  by  the  parents  respectively, 
the  happiness  and  welfare  of  such  children 
shall  determine  the  custody  or  possession  into 
which  they  shall  be  placed,  and  the  respective 
rights  of  the  parents  in  the  absence  of  mis¬ 
conduct  shall  be  held  to  be  equal.”  Here 
the  letter  of  the  law  comes  up  to  the  practice, 
and  both  are  sustained  by  the  abstract  prin¬ 
ciple. 

In  the  fourth  place  we  protest  against  such 
laws  as  give  to  a  husband  the 

3.  Sole  ownership  of  a  wife's  personal^  and 

use  of  her  real  estate, 

unless  previously  settled  upon  her,  or  placed 
in  the  hands  of  trustees,  as  in  the  case  of 
minors,  lunatics  and  idiots.  The  law  of  Mas¬ 
sachusetts  was  as  oppressive  as  that  of  any 


State.  Painful  instances  of  its  operation  will 
readily  occur  to  all  who  listen  to  me ;  but  by 
referring  to  the  304th  Chapter  of  the  Statutes 
for  1855,  it  will  be  seen, 

Section  First. — “  That  henceforth,  property, 
both  real  and  personal,  which  any  woman 
may  own  at  the  time  of  her  marriage,  and  all 
proceeds  thereof,  any  real  or  personal  proper¬ 
ty  which  shall  come  to  her  by  descent  or  as  a 
gift,  from  some  person  other  than  her  hus¬ 
band,  shall  remain  her  sole  property,  not  sub¬ 
ject  to  his  disposal  nor  liable  to  his  debts.” 

Section  Second. — “That  her  husband  shall 
not  be  liable  for  any  action  against  her,  which 
began  before  her  marriage,  but  she  shall  be 
liable  as  if  she  were  sole,  and  her  property  in 
the  same  manner.” 

Section  Third. — “  She  may  after  and  dur¬ 
ing  her  marriage,  sell  or  convey  her  property 
as  if  she  were  single,  but  no  conveyance  of 
any  real  property ;  and  no  conveyance  of  any 
shares  in  any  corporation  shall  be  valid  with¬ 
out  the  assent,  in  writing,  of  her  husband, 
except  with  the  consent  of  one  of  the  Judges 
of  the  Supreme  Judicial  Court,  to  be  given  on 
account  of  the  sickness,  insanity,  or  absence  of 
her  husband,  or  other  good  cause.  Such  con¬ 
sent  to  be  obtained  in  vacation  as  well  as  in 
term  time.” 

Section  Sixth.  — “  That  the  real  estate  or 
shares  standing  in  the  name  of  any  married 
woman,  which  were  her  property  #t  the  time 
of  her  marriage,  or  which  have  since  become 
so,  shall  not  be  liable  to  be  taken  on  any  exe¬ 
cution  against  him  for  debt  or  any  cause  of 
action  hereafter  arising.” 

I  have  thrown  off  the  absurd  and  cumber¬ 
some  technicality  of  these  sections,  and  retain 
only  their  common  sense.  By  the  Second 
Section  it  will  be  seen,  that  whenever  the 
wife  becomes  a  person  capable  of  holding 
property,  she  becomes  also  responsible  for  her 
own  debts.  I  allude  to  this,  because  there  are 
women  who  seem  to  think  that  rights  are  only 
liberties,  and  not  in  any  degree,  responsibilities, 
and  because  there  are  men  who  think  that  if 
the  law  grant  us  all  we  seek,  it  will  put  us 
beyond  the  pale  of  its  restraints. 

Kay,  sisters,  freedom  is  a  sacred,  self-re¬ 
straining  thing,  and  let  no  one  ask  for  it  who 
is  not  willing  to  under  it. 

The  Third  Section  provides  for  the  hus¬ 
band’s  assent  in  writing  to  the  wife’s*  t^nsfer 
of  real  estate  or  shares  in  any  corporation. 
Let  no  one  consider  this  an  injustice,  for 


4 


when  the  husband  wishes  to  dispose  of  his 
real  estate,  he  cannot  do  it,  unless  his  wife 
consents  to  bar  her  own  right  of  dower. 
When  the  law  first  treats  woman  as  a  person, 
equal  in  its  sight  to  man,  such  special  enact¬ 
ments  will  cease  to  be  necessary,  fol’  the  two 
will  then  come  in  precisely  the  same  way, 
under  all  its  provisions. 

In  the  fifth  place,  we  protest  against  those 
laws  which  give  to  the  husband 

4.  The  absolute  right  to  the  products  of  his  wifds 

industry. 

In  Massachusetts  the  husband  had  this  abso¬ 
lute  right,  and  a  case  which  arose  under  it  in  the 
person  cf  an  Irish  washerwoman,  in  whom  I  was 
interested,  when  I  was  only  fifteen,  was  the  first 
to  call  my  attention  to  the  subject  of  such  un¬ 
equal  legislation.  The  wife  could  then  give  a 
receipt  to  her  employer,  which  legally  dis¬ 
charged  him,  but  it  did  not  make  her  the 
owner  of  her  receipts,  against  the  claim  of  an 
idle  and  dissolute  husband.  The  statutes  of 
of  1855  have  changed  all  that.  By  referring 
to  the  7th  Section  of  the  304th  chap.it  will  be 
seen,  “  that  any  married  woman  may  carry  on 
any  trade  or  business,  perform  any  service  on 
her  own  account,  and  her  earnings  shall  be  her 
sole  property,  to  be  used  and  invested  by  her, 
and  for  which  she  may  sue  or  be  sued,  and 
upon  which  executions  may  be  levied  against 
her.”  This  last  to  be  prized  as  a  right,  as  well 
as  the  others. 

In  the  sixth  place,  we  protest  against  those 
laws  which  give  to  the  widower,  a 

5.  Larger  and  more  permanent  interest  in  the 

property  of  a  deceased  wife, 

than  they  give  to  the  widow  in  that  of  her  de¬ 
ceased  husband.  In  Massachusetts,  after  a  wife 
dies,  a  husband  is  entitled  to  all  the  wife’s  per¬ 
sonal  estate,  after  the  payment  of  her  debts,  as 
her  administrator,  and  the  income  of  the  whole 
of  her  real  estate  during  his  life,  provided  a  child 
was  born  of  the  marriage.  Should  the  husband 
die,  the  wife  has  only  one-third  of  the  personal 
property  remaining  after  his  debts  are  paid, 
and  her  dower  in  one-third  of  his  real  estate 
during  her  life.  If  there  were  no  children, 
she  would  be  entitled  to  the  whole  of  his  per¬ 
sonal  estate,  provided  it  did  not  exceed  $5000, 
and  one-half  his  real  estate  during  her  life.  It 
is  a  little  comical  to  see  how  carefully  the  State 


protects  us  here  against  the  “  deceitfulness  of 
riches,”  and  a  little  natural  curiosity  cannot 
but  be  felt  to  know  who  are  the  heirs  whom 
she  proposes  to  benefit  by  the  surplus  of  his 
personal,  and  the  half  of  his  real  estate  I  In 
England  they  have  a  crown,  which  conveniently 
confiscates  troublesome  property  of  this  sort. 
Here,  it  is  easy  to  conceive  of  cases  under 
such  a  law,  conferring  a  premium  upon 
knavery,  and  ofiering  temptations  to  still 
deeper  crime. 

Finally,  we  protest  against  the  whole  sys¬ 
tem  by  which, 

6.  The  legal  existence  of  a  woman  is  sus¬ 
pended  during  marriage, 
so  that  in  many  States,  she  neither  has  a  legal 
part  in  the  choice  of  her  residence,  nor  can 
she  make  a  will,  nor  sue  nor  be  sued  in  her 
own  name,  nor  inherit  property. 

Upon  some  of  the  points,  touched  by  this 
protest,  we  have  already  given  nearly  all  the 
information  that  is  required. 

In  spite  of  the  enactment  of  some  special  stat¬ 
utes  to  the  contrary,  the  spirit  of  the  Massachus¬ 
etts  law  still  “  considers  the  husband  and  wife  as 
one  person.  There  is  allowed  to  be  but  one 
will  between  them,  and  that  is  placed  in  the 
husband.”  This  is  the  general  principle  of  the 
law,  as  decided  by  her  Supreme  Court,  but 
special  statutes  long  since  empowered  her  to 
make  a  will,  with  the  consent  of  her  husband 
endorsed  upon  it,  and  to  sue  and  be  sued,  in 
regard  to  the  property  secured  to  her  sole  use, 
by  an  ante  nuptial  settlement.  If  personal 
property  descended  to  her,  it  was  her  hus¬ 
band’s  ;  if  real,  the  income  and  use  of  it  were 
his.  Those  sections  of  the  304th  chap,  of  the 
Statutes  of  1855,  which  I  have  just  read,  show 
you  what  later  change  has  been  made,  and  I 
need  only  quote  here  the 

Fifth  Section,  which  says :  “  That  any  wo¬ 
man  hereafter  married,  may  while  married 
make  a  will,  but  such  will  shall  not  deprive  her 
husband  of  his  rights,  as  tenant  by  the  courtesy, 
and  she  shall  not  bequeathe  away  from  him 
more  than  one-half  her  personal  property, 
without  his  consent  in  writing,  and  any  woman 
now  married  may  make  a  will  of  her  real  es¬ 
tate,  which  however  shall  not  deprive,  her  hus¬ 
band  of  his  rights  as  tenant  by  courtesy.” 

When  we  regard  the  careful  wording  of  this 
statute,  by  which  the  Courts  secure  to  woman 


5 


what  it  has  been  customary  to  assert  that  she 
has  always  had,  namely,  her  will,  we  are  led  to 
inquire  who  this  husband  is,  who  is  so  carefully 
protected  ;  whether  he  is  so  cruel  that  he  is  in 
danger  of  losing  his  right  as  tenant  by  courtesy, 
or  so  weak  that  he  cannot  subsist  without  one- 
half  of  his  wife’s  personal  property?  We 
wonder  why  he  cannot  be  left  to  secure  all 
these  things  by  his  good  behavior,  and  whether 
the  wife  is  as  carefully  secured  against  inj  ustice 
on  her  husband’s  part. 

7.  One  further  question  may  be  asked  of 
Massachusetts.  If  a  husbatid  dies  without  a  will, 
who  appoints  the  guardians  of  his  children  ?  If 
the  children  are  under  fourteen,  the  Judge  of 
Probate  nominates  the  guardian  ;  if  over,  the 
minor.  In  practice,  the  Judge  would  always 
appoint  the  mother  to  the  guardianship,  if  she 
petitioned  for  it,  and  were  not  incapable.  In 
case  the  mother  remains  unmarried  and  is  com¬ 
petent  to  transact  her  own  business,  she  is  by 
our  law  entitled  to  the  custody  of  the  person 
of  the  minor,  and  the  care  of  his  education, 
notwithstanding  another  is  the  guardian,  he 
being  appointed  by  the  Judge  solely  to  look 
after  the  minor’s  estate. 

The  Seventh  Section  of  the  137th  chap,  of 
the  Statutes  of  1855,  which  I  read  under  my 
third  protest,  though  intended  to  apply  in 
oases  of  divorce,  is  broad  enough,  I  am  assured, 
to  cover  all  cases  of  custody,  and  is  praise¬ 
worthy  because  it  is  just.  My  interest  in  this 
matter  has  led  me  also  to  consider  the  “  Gene¬ 
ral  law  of  Husband  and  Wife.”  I  cannot  ex¬ 
press  the  horror  with  which  I  turned  from  my 
investigations  into  English  law,  binding  upon 
so  large  a  portion  of  the  civilized  world. 
To  say  that  it  is  more  oppressive  than  I  have 
ever  known  that  of  Massachusetts  to  be,  is  to  say 
too  little. 

Macqueen  says  in  1847,  that  only  three 
cases  of  divorce  obtained  by  women,  are  on 
the  records  of  the  nation,  it  having  been  the 
settled  policy  of  Parliament  to  discourage 
applications  from  that  quarter.  A  divorce  is 
granted  to  man,  only  that  legitimacy  of  de¬ 
scent  may  be  secured ;  his  happiness  as  an  in¬ 
dividual,  the  sacredness  of  living,  is  of  no  ac¬ 
count  in  the  eye  of  Parliament.  Woman,  they 
think,  has  nothing  to  fear  on  this  head,  so  they 
permit  her  to  suffer  under  a  thousand  disabili¬ 
ties,  whenever  she  attempts  to  free  herself  from 


a  brute  or  a  destroyer.  In  Massachusetts,  I 
believe  a  woman  labors  under  no  special  dis¬ 
ability  in  seeking  a  divorce.  If  she  have  no 
property,  her  husband  is  obliged  to  support  her 
while  the  suit  is  pending,  and  is  held  liable  for 
her  costs.  In  a  proper  state  of  society,  in 
which  women  would  be  self-supporting,  the 
husband  might  rebel  against  this  law,  as  op¬ 
pressive.  As  it  is,  it  shows  a  great  advance 
upon  the  civilization  of  the  old  world.  I  have 
no  time,  even  were  it  pertinent,  to  go  into  the 
details  of  the  English  law. 

Macqueen  himself  calls  many  of  them  inex¬ 
plicable  and  unsatisfactory.  As  I  read  them,  I 
felt  thankful  to  God  that  so  few  men  had  the 
curiosity  to  turn  over  pages  whereon  it  is  re¬ 
corded  that  they  may  sell  the  wearing  apparel 
of  a  wife,  to  fill  their  cigar  cases,  and  that 
when  they  die,  her  chattels  personal  may  go 
to  their  heirs,  but  can  never  revert  to  her  ; — 
where  the  various  enactments  seemed  to  point 
out  with  burning  distinctness,  a  thousand  new 
ways  in  which  a  wicked  man  might  persecute 
a  woman.  I  thanked  God  that  the  law  in  the 
heart  is,  for  most  men,  far  easier  to  read  than 
the  law  of  the  Courts  ! 

In  the  institutes  of  Mena,  it  is  said,  “  Imme¬ 
morial  custom  is  transcendent  law.”  “  The 
roots  of  the  law  are  the  whole  Veda  —  the  or¬ 
dinances  and  moral  practices  of  such  as  per¬ 
fectly  understand  it,  the  immemorial  customs 
of  good  men  and  self  satisfaction.”  “  Imme¬ 
morial  custom  is  a  tradition  among  the  four 
pure  classes,  in  a  country  frequented  by  the 
gods,  and  at  length,  is  not  to  be  distinguished 
from  revelation.” 

My  friends,  having  told  you  thus  much  con¬ 
cerning  Massachusetts  law,  you  will  not  need 
to  ask  me  whether  this  country  is  still  fre¬ 
quented  by  the  gods.  If  not,  it  is  the  four 
pure  classes  who  are  to  win  them  back  to  it, 
and  of  these  the  class  of  high-minded  women 
stands  forever  first.  You  will  have  no  need 
to  assume  the  responsibility  of  immemorial 
custom.  It  has  always  belonged  to  you — you, 
who  have  always  controlled,  in  a  great  mea¬ 
sure,  the  ordinances  and  moral  practices  of 
men.  Make  yourselves  better,  then,  if  you 
would  have  the  laws  so.  Deserve  more,  if 
you  would  have  more. 

You  will  have  seen  that  I  am  indebted  to 
Mr.  Browne’s  “  certainties  ”  for  my  confidence 


6 


in  my  legal  points.  I  would  not  do  otherwise 
than  acknowledge  this,  because  I  trust  the 
day  is  soon  coming  when  men  will,  with  the 
same  candor,  acknowledge  their  obligations  to 
women. 

Here  I  technically  close  my  report,  yet  as  it 
is  the  first  time  that  I  have  presented  this  sub¬ 
ject  in  person,  I  shall  beg  permission  to  speak 
in  more  general  terms  of  the  field  into  which 
we  have  entered.  This  reform  is  far  more 
important  than  all  others,  inasmuch  as  it  un¬ 
derlies  all  others  We  ought  to  call  it  a  move¬ 
ment  in  behalf  of  Human  Rights,  not  Wo¬ 
man’s^  for  the  most  important  of  man’s  rights 
is  what  we  seek  to  secure,  namely,  the  finding 
of  woman  in  her  right  place  she  may  help, 

not  hinder,  and  set  free  instead  of  fettering. 

Young  men,  drawn  hither,  perhaps,  by 
curiosity,  yet  not  ashamed  to  dream  in  your 
hearts  of  a  wife  and  a  home,  would  you  have 
a  doll  to  decorate,  a  toy  to  play  with  ?  If  not, 
you  are  bound  to  lend  yourselves  to  our  effort 
to  secure  a  better  education  for  women.  Was 
there  ever  one  among  you  who  found  a  wife 
too  capable  or  too  well  instructed  ?  If  not,  let 
none  of  you  fear  it.  If  reformers  are  iound 
incompetent  to  household  cares  or  maternal 
duties,  it  is  not  because  they  are  women,  but 
because  they  are  imperfect.  Some,  nay  many 
of  the  most  distinguished  men  in  the  world, 
would  present  no  better  appearance  on  paper 
than  Mrs.  Jellaby, — the  great  historian  Nie¬ 
buhr,  for  example.  It  is  the  want  of  some¬ 
thing,  not  the  surplus  of  any  thing,  that  makes 
a  woman  a  slattern.  Many  are  the  injuries  to 
our  cause  from  those  who  thoughtlessly  advo¬ 
cate  it,  oblivious,  meanwhile,  of  the  small  sweet 
charities  of  home.  I  need  not  tell  you  what 
I  think  of  such  women.  You  know  my  opin¬ 
ion  ;  but  here  in  the  city,  where  I  was  born, 
where  I  have  grown  up,  and  my  word  ought 
to  be  worth  something,  I  assert,  on  behalf  of 
the  great  women,  prominent  in  this  cause,  that 
there  never  was  a  body  of  reformers  more 
free  from  reproach.  Go  to  their  homes,  and 
you  will  find  that  they  did  not  become  re¬ 
formers,  until  they  had  shown  themselves  good 
housekeepers  and  good  wives,  above  all,  per¬ 
haps,  good  mothers.  They  know,  most  of  them, 
that  he  who  ruleth  his  own  soul  is  greater 
than  he  who  taketh  a  city,  and  it  is  because 
they  have  made  themselves  helps  meet  for 


man,  at  his  fireside,  that  they  have  a  claim  to 
your  confidence  assembled  here,  or  in  the  wide 
valleys  of  the  West.  No  occasional  exceptions 
can  invalidate  this  rule.  I  would  not  stand 
here,  if  I  believed  that  any  of  us  came,  to  the 
neglect  of  higher  duties.  I  do  not  believe 
that  man  is  a  Christian,  who  feeds  some  dis¬ 
tant,  starving  Ireland,  before  he  has  provided 
for  the  hunger  of  his  own  household.  As  I 
encounter  often  my  conservative  friends,  they 
ask  me.  How  do  you  grow,  and  what  does 
your  cause  gain  ?  It  seems  as  if  their  world 
waited,  expecting  some  sudden  and  striking 
result.  Let  us  tell  them  here,  once  for  all, 
that  we  have  never  been  deluded  into  looking 
for  any  such  thing.  From  its  nature  this  will 
be  the  slowest  movement  ever  undertaken  by 
man.  We  shall  gain  surely,  but  impercepti¬ 
bly.  I  am  frightened  when  obvious  results 
crowd  upon  us,  because  I  feel  that  they  are 
not  granted  wisely,  nor  with  a  full  knowledge 
of  all  that  they  involve.  All  noble  souls 
must  help  us,  whether  they  will  or  not,  yet  I 
would  have  men  realize  beforehand,  so  far  as 
they  can,  the  full  consequences  of  every  step 
we  take.  Every  well-educated  woman  who 
leads  an  independent  life,  refusing  to  marry 
for  bread,  or  managing  her  family  interests  as 
a  widow,  from  wise  and  noble  motives,  helps 
us  more  than  all  speech-making.  Speech¬ 
making  is  in  fact  the  lowest  duty  in  our  temple 
service, — a  duty,  yet  the  lowest.  It  is  needed 
now,  it  may  be  forever,  but  in  itself  it  proves 
nothing. 

A  woman  like  Harriet  K.  Hunt,  who  estab¬ 
lished  herself  as  a  physician  in  this  city  in 
spite  of  bigoted  resistance,  and  now  protests 
against  the  taxes  she  is  compelled  to  pay  on 
property  which  she  may  neither  protect  nor 
represent, — a  woman,  who  like  yourself,  Mrs. 
President,  entered  the  field  as  a  lecturer,  to 
teach  mothers  the  meaning  of  scrofula  and 
the  value  of  health, — a  woman  who  adds,  like 
Elizabeth  Browning,  the  sound  learning  of  a 
man  to  the  tender  feeling  of  the  woman  ; — one 
who  like  Margaret  Fuller,  unites  a  blameless 
private  life  to  the  most  thorough  scholarship, 
and  the  inspiration  of  a  seer,  is  indeed  a  no¬ 
ble  advocate  of  woman’s  true  position,  whether 
she  ever  make  a  speech  or  not. 

Life  is  what  we  want.  Responsible,  earnest 
life,  such  as  Hatty  Hosmer’s,  when  she  crossed 


7 


the  Alleghanies  to  get  the  freedom  of  the  dis¬ 
secting-room — when  she  stood  by  the  rough 
marble  block,  and  with  her  own  energetic 
hand,  broke  away  the  stone,  till  those  who 
loved  her  looked  upon  the  dawning  of  her 
Hesper.  Life^  such  as  Florence  Nightingale’s, 
when  she  sailed  for  the  Crimea,  and  exchanged 
the  saloons  of  St.  James  for  the  hospitals  of  a 
badly  managed  war  5 — when  she  seized  the 
supplies,  refused  to  her  by  craven  officers, 
and  saved  Her  Majesty’s  dying  soldiers  in 
spite  of  Her  Majesty’s  transport  service.  Life^ 
such  as  the  primary  school  teacher  leads,  when 
day  after  day  she  goes  up  to  her  pupils,  and 
by  patient  well-doing,  earns  her  own,  perhaps 
her  children’s  bread.  Life^  such  as  the  faith¬ 
ful  servant  leads,  who,  with  a  tender  respect 
towards  those  who  employ  her,  keeps  also  a 
noble  self-respect.  Our  temple  is  the  temple 
of  humanity,  all  her  servants  are  our  priests. 

Let  no  one,  then,  misunderstand  us.  And 
while  I  speak  for  myself,  I  may  speak  also  for 
all  my  friends  upon  this  platform.  It  is  no 
unworthy  thing  we  contend  for.  We  ask  no 
irreligious  souls  to  join  us.  We  want  tender, 
faithful,  and  earnest  women,  steadfast  to  keep 
this  matter  in  the  public  sight.  We  want 
redress  in  matters  of  education  and  before 
the  law.  We  want  the  inalienable  rights  of 
human  beings,  reserving  it  for  our  own  souls 
to  decide  whether  we  will  use  all  the  liberties 
that  depend  from  those  rights  or  not.  But 
above  all,  we  do  not  so  much  need,  on  this 
platform,  eloquent  speakers,  as  we  do  eloquent 
livers,  by  every  hearth-stone  in  this  nation ; 
livers,  who  feeling  the  high  responsibility  im¬ 
posed  upon  them  by  God  in  our  emergency, 
will  resolutely  do  what  is  demanded  of  them, 
without  regard  to  what  is  sweetest  and  dearest 
in  life,  yet  laboring  always  in  a  spirit  so  sweet 
and  dear  as  ultimately  to  win  the  world  to 
themselves. 

Do  I  seem  to  have  too  little  faith  in  con¬ 
ventions  ?  If  I  did  not  believe  that  they 
are  for  the  present  necessary,  I  would  not 
lend  myself  to  them.  It  seems  to  me  desira¬ 
ble  that  we  should  meet,  and  express  ourselves 
publicly  to  each  other,  that  we  should  under¬ 
stand  ourselves  and  all  our  wants  and  possi¬ 
bilities.  Hitherto  we  have  lived  in  so  narrow 
a  sphere,  that  like  children,  we  may  be  sur¬ 
prised,  trying  to  grasp  the  moon  with  our 


hands.  Let  us  come  together,  then,  till  we 
learn  so,  how  broad  God’s  own  horizon  really 
is  I 

Yet  in  the  main,  conventions  seem  to  me  a 
masculine  implement.  And  what  have  men 
accomplished  by  them,  in  politics  or  reform  ? 
Changed  the  “  vox  populi  ”  into  the  “  vox 
diaboli,”  mayhap,  but  never  into  the  “vox 
Dei.”  Our  work  must  be  done  better,  and 
by  better  tools.  “We  know  not  yet,  but  we 
shall  know  hereafter.” 

And  the  Life  of  which  I  spoke  ! — Women 
of  New  England,  I  demand  this  life  of  you. 
Wrecks  of  noblest  humanity  are  continually 
floating  by  you.  A  George  Sand,  breaking 
loose  from  the  ties  which  bind  her  to  society, 
only  in  later  years  to  recognize  with  pro- 
foundest  sincerity  the  strength  of  those  which 
link  her  to  her  God.  A  Fredrika  Bremer,  a 
Charlotte  Bronte,  full  of  restless  longings,  of 
unsatisfied  aspirations,  show  you  the  path  be¬ 
fore  you.  Why  is  it  that  a  low  wail  runs 
through  all  the  literature '  that  women  have 
given  to  the  world,  and  that  the  voice  which 
man  uplifts,  is  often,  though  far  less  eloquent, 
more  cheerful  and  strong  ?  It  is  because  wo¬ 
men  feel  a  helplessness  that  they  think  with¬ 
out  remedy.  Show  them  that  it  is  not  so. 
Show  them,  each  one  of  you,  by  living  that 
life,  you  dare  to  wish. 

“  Be  sea-captains,  if  you  will,” — but  never 
be  profane,  drunken,  incapable  sea-captains. 
Show  yourselves  in  whatever  posts  you  claim, 
gentle,  steadfast,  and  modest.  These  are  the 
virtues  of  men  as  well.  Do  not,  as  women, 
discard  them.  Be  eflicient,  brave,  and  help¬ 
ful.  Seek  duty  always,  perhaps  it  were  better 
to  say,  and  more  modest;  be  ready  for  it 
when  it  comes,  for  notoriety  never.  One  lost 
sister  in  our  ranks  would  be  an  argument 
against  us,  stronger  than  any  which  legions  of 
lawyers  could  furnish.  While  we  demand  of 
men,  lives  pure  as  a  virgin  thought,  let  us  re¬ 
quire  of  ourselves  always  and  everywhere  no 
less.  While  we  interfere  with  no  other’s  right 
of  private  judgment,  let  us  recognize  as  pub¬ 
licly  as  possible,  the  supremacy  of  God’s  love 
and  power,  and  the  relations  between  Him 
and  man.  Let  us  find  His  presence  in  the 
worlds  of  Nature  and  Art,  and  demand  it  in 
those  of  Custom  and  Law.  Only  so,  may  we 
truly  serve  our  sex,  our  nation,  our  age. 


8 


Only  so,  can  we  lay  our  foundations  beyond 
the  power  of  rains  that  fall,  or  waves  that 
beat !  Only  so,  shall  we  be  able  to  confer  on 
humanity,  a  single  privilege  worthy  of  immor¬ 
tal  beings !  Caroline  H.  Dall. 

West  Newton,  Mass.,  July  5,  1855. 


The  following  brief  digest  of  the  laws  of 
Rhode  Island  was  presented  to  the  conven¬ 
tion  by  P.  W.  Davis,  on  the  afternoon  of 
Wednesday  the  19th: 

Your  Committee,  in  examining  the  laws  of 
Rhode  Island,  and  preparing  their  abstract, 
find  that  many  objectionable  features  of  the 
old  English  common  law  in  relation  to  married 
women,  which,  derivatively,  have  been  in 
force  in  this  country,  are  passing  away,  and 
more  equitable  statutes  succeeding. 

The  spirit  of  progress  has  rendered  obsolete 
the  right  of  a  man  to  whip  his  wife  —  the  ab¬ 
solute  custody  of  her  person  is  questioned  ;  but 
the  rule  which  merges  the  civil  and  political 
existence  of  the  wife  in  that  of  the  husband 
still  obtains  in  this  State,  which  was  the  first  to 
recognize  the  need  of  woman  to  protection  in 
her  property  rights. 

In  1844,  a  bill  was  introduced  into  the  Leg¬ 
islature  of  this  State,  by  Hon.  Wilkins  Up¬ 
dike,  securing  to  married  women  their  prop¬ 
erty,  under  certain  regulations.  The  step  was 
a  progressive  one,  and  hailed,  at  that  time, 
as  a  bright  omen  for  the  future.  Nor  have  we 
been  disappointed  in  its  effects.  Other  States 
have  followed  the  example,  and  the  right  of 
woman  to  some  control  of  her  property  has 
bveen  recognized  by  several  States. 

In  1847,  Vermont  passed  similar  enact- 
m  mts.  In  1848-49  Connecticut,  New  York 
ai  d  Texas  followed;  in  1850,  Alabama;  in 

— ,  Maine  ;  in  1853,  New  Hampshire ;  In- 
di  ^na,  Wisconsin  and  Iowa  have  followed. 

These  acts  were  an  advance  upon  the  past ; 
a  new  recognition  of  the  existence  of  women, 
fc  r  which  they  were  deeply  grateful,  and  still 
c  mtinue  to  hold  a  higher  idea  of  their  value 
t  jan  we  believe  them  deserving  of,  if  they  are 
to  be  judged  by  the  acknowledged  principles 
‘)f  justice  and  humanity,  instead  of  our  grati- 
f'ude  to  the  chivalric  desire  to  protect  woman- 
iiood,  which  prompted  their  introduction. 

If,  in  1855,  from  their  practical  workings, 
we  find  ourselves  compelled  to  pronounce  them 


despotic  in  spirit,  degrading  and  tyrannical  in 
effect,  we  do  not  the  less  give  honor  to  the 
man  who  was  so  far  in  advance  of  his  age  as 
to  conceive  the  idea  of  raising  woman  a  little 
higher  in  the  scale  of  being  than  infants  and 
idiots.  The  stronger  must  lift  up  the  weaker, 
and  every  real  advance  of  man  in  civilization 
and  refinement,  elevates  all  his  dependencies : 
a  failure  of  this  indicates  that  the  progress  is 
but  seeming,  not  real ;  and  that  a  recession 
will  invariably  follow. 

Remarks  on  the  Laws  relative  to  Women. 

Without  dwelling  upon  the  fact  that  the 
constitution  of  Rhode  Island  disfran¬ 

chises  all  women,  whether  married  or  single, 
(they  being  neither  eligible  to  office  nor  enti¬ 
tled  to  vote),  we  call  attention  to  the  general 
scope  and  practical  working  of  these  statutes 
on  the  civil  and  social  condition  of  our  sex. 

Single  women,  and  women,  too,  who  are 
married,  provided  the  latter  have  lived  in  the 
State  a  specified  time  without  their  husbands, 
are  regarded  by  the  law,  so  far- as  the  transac¬ 
tion  of  business  and  the  management  of  prop¬ 
erty  are  concerned,  on  the  same  footing  as  the 
men.  A  woman  in  Rhode  Island,  who  has  at¬ 
tained  her  majority,  and  has  not,  either  in  le¬ 
gal  theory  or  point  of  fact,  a  husband,  may  en¬ 
gage  in  any  business  she  chooses ;  may  ac¬ 
quire,  manage  and  dispose  of  property  in  any 
or  all  the  various  ways  and  means  lawfully  em¬ 
ployed  by  the  other  sex.  An  unmarried  wo¬ 
man  is  protected  in  her  right  to  buy  and  sell 
on  her  own  responsibility.  She  can  make  pur¬ 
chases  of  goods  and  merchandise,  and  real  es¬ 
tate,  and  hold  all  and  dispose  of  all  in  her  own 
name.  So  long  as  she  remains  single,  she  may 
engage  in  domestic  trade  or  foreign  com¬ 
merce,  build  and  charter  ships,  buy  and  sell 
for  cash  or  on  credit,  sign  promissory  notes, 
speculate  in  stocks  of  chartered  companies,  sue 
and  be  sued  at  the  law,  and  make  such  dispo¬ 
sition,  by  last  will  and  testament,  of  her  per¬ 
sonal  property  and  her  real  estate,  as  may 
best  suit  her  feelings,  interest  and  convenience. 
But  the  very  day  she  marries,  she  becomes  le¬ 
gally  disqualified  for  the  further  transaction  of 
business  on  her  own  individual  responsibility. 
From  that  hour  her  personality  ceases.  She 
can  do  nothing,  legally,  without  her  husband. 
No  matter  how  well  established  may  be  her 


9 


reputation  for  commercial  ability ;  no  matter 
how  excellent  her  character  as  a  woman,  or 
how  unquestionable  her  credit  as  a  merchant, 
she  is  but  the  legal  appendage,  the  subordi¬ 
nate  in  business  affairs  to  the  man  she  has  mar¬ 
ried.  She  is  no  longer  at  the  head  of  her  own 
affairs  —  no  longer  the  responsible  manager. 
Her  position  in  the  concern  is  now  one  of  in¬ 
feriority.  Although  the  credit  of  the  house 
and  all  its  merchandise  may  be  exclusively 
hers,  she  cannot  legally  claim  even  the  right 
of  being  considered  an  equal  partner  in  the 
establishment.  The  law  regards  the  husband 
as  “  master  and  owner,”  and  the  wife,  whatev¬ 
er  he  may  please  to  consider  her. 

Although  it  is  true  that  the  letter  of  the  law 
regards  the  property  of  which  the  woman  was 
possessed  before  marriage  as  still  her  own,  yet 
all  her  cash,  all  her  merchandise,  all  her  mort¬ 
gages,  her  stocks  —  the  whole,  indeed,  of  her 
personal  property  as  well  as  her  real  estate,  is 
no  longer  under  her  entire  control.  If  now, 
as  a  wife,  she  makes  a  sale  of  merchandise,  the 
purchaser  becomes  a  debtor,  not  to  her,  but  to 
her  husband  and  herself.  If  she  makes  a  pur¬ 
chase  of  goods,  and  gives  her  note  on  demand, 
or  on  time,  the  note  is  legally  good  for  nothing, 
unless  the  husband’s  signature  is  affixed  to  it. 
Should  she  desire  to  sell  some  portion  of  her  own 
real  estate,  the  deed  of  conveyance  must  also 
be  signed  by  him,  in  order  that  the  purchaser 
may  possess  a  legal  and  valid  title  to  the  prop¬ 
erty  which  he  buys.  And  although  the  hus¬ 
band  cannot  dispose  of  the  wife’s  real  estate 
without  her  consent,  yet  over  her  personal 
property  his  control  is  made  so  legally  potent, 
that  he  can  sell,  if  so  disposed,  in  his  own  name, 
the  whole  of  such  property,  even  to  the  last  far¬ 
thing,  and  pocket  the  proceeds.  He  can  collect 
all  the  rents,  incomes,  and  other  moneys  which 
may  be  due  to  her,  without  her  knowledge  or 
consent,  and  appropriate  the  whole  to  his  own 
individual  use.  True,  in  anticipation  of  this  rob¬ 
bery  on  the  part  of  the  husband,  the  law,  ludi¬ 
crously  enough,  proposes  to  prevent  its  perpe¬ 
tration  by  pronouncing  the  act  illegal,  provid¬ 
ed  the  persons  to  whom  the  husband  may  have 
sold  the  articles,  or  from  whom  he  may  have 
received  rents  or  other  moneys  belonging  to 
his  wife,  had  been,  previously  to  the  transac¬ 
tion,  separately  notified  by  her,  in  writing] 
that  the  articles  which  they  were  about  to  buy, 
or  the  moneys  they  were  about  to  pay,  belong- 
2 


ed  exclusively  to  herself.  The  exceeding  dif¬ 
ficulty,  if  not  impossibility,  of  the  wife  antici¬ 
pating  in  this  way  the  procedure  of  the  hus¬ 
band,  is  at  once  perceived.  And  when  he  has 
accomplished  the  act,  the  statute  does  not  even 
attempt  to  provide  a  remedy,  doubtless  consid¬ 
ering  the  transaction  as  a  case  of  justifiable 
fraud  or  larceny.  And  whatever  may  be  said 
of  other  enactments  for  the  security  of  the 
property  of  married  women,  it  is  obvious  that 
this  provision  affords  hardly  the  shadow  of  pro¬ 
tection.  Quite  recently,  in  one  of  the  manu¬ 
facturing  towns  of  Rhode  Island,  a  woman, 
whose  husband  was  living  in  another  State, 
was  taken  sick.  She  had  for  some  time  pre¬ 
vious,  supported  herself  by  dressmaking.  She 
had  opened  and  furnished  a  room  for  the  ac¬ 
commodation  of  her  customers,  and  as  a  work 
shop,  provided  with  the  fixtures  and  the  mate¬ 
rials  necessary  to  the  prosecution  of  that  branch 
of  business.  When  the  husband  heard  that 
his  wife  was  kept  from  her  place  of  business 
by  sickness,  he  came  to  Rhode  Island,  took 
possession  of  the  shop,  and  sold  everything  it 
contained,  even  his  wife’s  wearing  apparel, 
and  then  returned  composedly  to  his  business, 
saying  to  an  expostulating  friend,  that  “  all 
his  proceedings  in  the  case  had  been  strictly 
legal.”  So,  in  fact,  they  were,  and  would 
have  been  had  the  property  amounted  to  tens 
of  thousands,  instead  of  a  score  or  two,  of  dol¬ 
lars.  Had  this  woman  been  unmarried,  she 
would  have  had  redress  at  law  for  this  outrage 
upon  her  property ;  indeed,  it  could  not  have 
been  perpetrated.  Her  husband  being  her 
legal  master,  was  acting  in  accordance  with 
the  statute  “  in  such  case  made  and  provided.” 

It  will  be  seen,  then,  that  the  enactments  for 
the  protection  of  personal  property  of  mar¬ 
ried  women,  amount  to  just  this,  “and  nothing 
more,”  viz. :  the  personal  goods  and  chattels, 
rents,  dues  and  profits,  jewels,  furniture  and 
wearing  apparel  of  which  she  may  be  possessed 
in  her  own  right,  really  and  legally  belong  to 
her :  and  the  husband  is  forbidden  to  dispose 
of  them,  or  use  them  for  his  own  advantage,  or 
for  the  benefit  of  his  creditors,  unless  he  does  so 
by  one  or  the  other  of  those  ways  which  the 
law  leaves  open  and  ready  for  his  use.  Such 
is  the  security  which  the  legislation  of  Rhode 
Island  extends  to  married  women  in  regard  to 
their  rights  of  personal  property. 

Although  the  control  of  a  married  woman’s 


10 


real  estate  is  divided  by  law  between  herself 
and  husband,  yet  this  description  of  her  prop¬ 
erty  is  compartively  secure.  The  husband 
can  not,  as  in  the  case  of  personal  property, 
sell  her  houses  and  lands  as  his  own.  The 
deeds  of  conveyance  would  be  good ,  for  noth¬ 
ing  unless  jointly  signed  by  husband  and  wife. 
And,  on  the  other  hand,  she  herself  is  not  al¬ 
lowed  to  sell  or  convey  any  portion  of  her  own 
estate,  without  his  consent  to  the  transaction, 
and  his  signature  to  the  deeds.  It  is  in  the 
enactments  concerning  the  real  estate  of  a  mar¬ 
ried  woman  that  we  are  presented  more  prom¬ 
inently  with  the  arbitrary  character  of  the 
rules  which  govern  some  portions  of  modern 
legislation.  On  what  principle  of  justice,  for 
example,  is  a  married  woman  forbidden  to  dis¬ 
pose  of  her  real  estate,  or  any  portion  of  it,  by 
last  will  and  testament  ?  What  valid  reason 
can  be  given  by  our  wisest  legislators  for  com¬ 
pelling  a  woman  to  die  intestate,  so  far  as  this 
description  of  property  is  concerned  ?  No 
sound  and  satisfactory  reason,  founded  in  the 
nature  of  the  case,  can  possibly  be  stated  in 
justification  of  this  peremptory  prohibition  ; 
and  furthermore,  what  consistency  is  there  in 
the  legislation  which,  while  unqualifiedly  for¬ 
bidding  her  to  thus  devise,  by  will,  her  houses 
and  lands,  authorizes  her  to  bequeathe,  in  this 
very  way,  any  or  all  of  her  personal  chattels  ? 
Thus,  while  it  is  unlawful  for  her  to  devise  a 
single  acre  of  land,  it  is  at  the  same  time  per¬ 
fectly  legal  for  her  to  devise  any  amount  of 
bank  stock,  merchandise,  or  other  personal 
property. 

What  there  is  in  the  nature  of  these  two 
acts  when  performed  by  a  married  woman,  so 
essentially  different  as  to  require  the  law  to 
make  a  broad  discrimination  between  the  two, 
positively  prohibiting  the  one  and  clearly  au¬ 
thorizing  the  other,  is  very  difficult  to  perceive. 
Common  sense  declares  at  once,  that,  if 
woman,  whether  married  or  single,  is  com¬ 
petent  to  say  how  her  personal  property  shall 
be  divided  after  her  decease,  she  is  likewise 
competent  to  determine  what  shall  be  done 
with  her  real  estate  after  the  same  event.  But 
in  spite  of  common  sense,  and  in  opposition  to 
common  justice,  Rhode  Island  law  says  that  no 
woman  in  the  state,  if  she  be  married,  shall 
have  any  voice  in  the  final  disposition  of  any 
portion  of  her  real  estate,  but  that  it  shall  be 
left  and  administered  upon  by  her  husband. 


Without  enlarging  upon  the  arbitrary  char¬ 
acter  of  these  enactments,  their  ridiculous 
distinctions,  their  tyrannical  spirit,  or  their  de¬ 
grading  practical  operation,  we  insist  upon  an 
entire  new  basis  of  legislation  in  regard  to 
women.  We  demand  that  our  equality  with 
the  other  sex  be  first  recognized,  and  then  we 
shall  no  longer  be  treated  as  infants  or  vas¬ 
sals,  nor  subjected  to  laws  founded  only  in 
caprice  or  antiquated  ideas  of  woman’s  capa¬ 
cities  and  natural  rights.  What  we  claim,  so 
far  as  government  and  legislation  have  to  do 
with  the  matter,  is  simply  equality,  politically, 
civilly,  socially.  Let  legislation  show  no  favors 
on  account  of  sex,  any  more  than  on  account 
of  feature  or  complexion.  At  present  the 
constitution  of  Rhode  Island  utterly  ignores 
woman’s  political  rights.  Some  of  our  civil 
rights  are  partially  and  grudgingly  acknowl¬ 
edged,  as  we  have  seen  by  the  quotations  from 
the  statutes,  but  acknowledged  in  a  sufficient¬ 
ly  explicit  manner  to  establish  by  their  own 
concessions,  the  justice  of  all  we  now  demand. 
Is  it  not  just  and  reasonable  in  us  to  claim,  as 
married  women,  the  same  control  over  the 
property  of  our  husbands  which  the  law  en¬ 
titles  them  to  exercise  over  ours  ?  If  the 
marriage  relation  confers  any  new  rights  upon 
the  man,  it  ought  also  to  confer  the  same  upon 
the  woman.  And  if  the  widow  is  entitled  to 
the  right  of  dower  in  her  husband’s  estate, 
why  should  the  widower  be  excluded  from  the 
same  right  in  the  estate  of  his  wife  ?  If  the 
husband  becomes  endowed  with  certain  rights 
in  virtue  of  his  wife’s  property,  why  should 
the  wife  not  be  endowed  with  the  same  rights 
in  virtue  of  the  husband’s  property  ?  If,  for 
instance,  the  penniless  John  Doe  marries  a 
woman  who  possesses  in  her  own  right,  sundry 
houses,  lands  and  hereditaments,  and  the  es¬ 
tate  is  from  that  time  called  by,  and  taxed  as, 
the  “  estate  of  John  Doe  and  wife,”  and  he  is 
forthwith  made  by  his  wife’s  property  what  he 
was  not  before — a  voter,  we  submit  if  it  be 
anything  more  than  even-handed  justice,  or 
plain  republican  equality,  when  poor  Rachel 
Roe  marries  some  wealthy  gentleman,  to  print 
in  the  tax-book,  and  record  in  the  registry  of 
deeds, — “  The  estate  of  Rachel  Roe  and  hus¬ 
band  ;  ”  and  confer  upon  her  the  same  legal 
rights  and  privileges  which  fell  to  the  lot  of 
John  Doe  as  necessary  consequences  of  his 
marriage  ?  Is  it  not  manifest,  that  what  is 


11 


just  and  right  in  the  first  case  is  also  just  and 
right  in  the  latter  ?  Surely  no  person  of  in¬ 
telligence  and  candor  can  justly  censure  us 
because  we  claim  that  the  legal  rights  and  dis¬ 
abilities  consequent  on  marriage,  should  be 
equally  divided  between  husband  and  wife. 
Is  it  not  clear  that,  if  by  marrying,  it  is  proper 
that  a  portion  of  the  woman’s  individuality 
and  freedom  be  absorbed  by  the  husband,  it 
is  as  proper  that  an  equal  portion  of  his  should 
be  absorbed  by  the  wife  ? 

From  the  examination  of  these  laws,  the  most 
liberal  in  New  England,  and  which  have  been 
from  time  to  time  revised,  amended,  and  re¬ 
enacted,  there  is  still  cause  for  dissatisfaction. 
If  up  to  this  period  man’s  wisdom  has  failed 
to  find  the  true  equipoise,  does  it  not  point  to 
another  and  higher  truth,  viz.,  that  of  the 
necessity  of  women  in  the  halls  of  Legisla¬ 
ture  ?  It  is  plainly  manifest  that  man’s  wis¬ 
dom  is  insufficient  for  the  highest  good  of  all 
— he  has  failed  to  comprehend  the  simple 
principle  of  j  ustice — a  principle  inherent  in 
woman’s  nature ;  therefore  do  we  present  the 
following  petition  for  our  RIGHT  to  the  elec¬ 
tive  franchise, — a  right  sacred  to  all,  and  dan¬ 
gerous  to  tyrants  alone. 

PETITION 

TO  THE  LEGISLATURE  IN  RHODE  ISLAND. 

We,  the  undersigned,  residents  of  the  State 
of  Rhode  Island  and  Providence  Plantations, 
feeling  aggrieved  by  the  abuses  and  usurpations 
of  your  legislation,  which  degrades  one  half 
of  the  residents  of  your  State  to  the  position 
of  infants  and  idiots,  defrauding  them  of  the 
sacred  right  to  self-government,  and  of  all 
rights  and  functions  as  citizens,  by  withholding 
from  them  the  elective  franchise, — do  hereby 
earnestly  pray  your  honorable  body  to  take 
such  steps  as  are  needful  for  the  recognition 
of  the  existence  of  woman  as  a  citizen  of  these 
United  States. 


LEGAL  RIGHTS  AND  DISABILITIES 

OF  MARRIED  WOMEN  IN  RHODE  ISLAND. 
An  act  to  secure  the  fulfilment  of  certain  con¬ 
tracts^  and  for  the  relief  of  married  women 
in  certain  cases’’ — Vol.  I ^ page  265. 
Section  1. — When  any  married  woman  shall 
reside  in,  or  shall  have  come  from  any  other 


state  or  country  into  this  state,  without  her  hus¬ 
band,  he  never  having  lived  with  her  in  this 
state,  and  she  shall  continue  or  shall  have  con¬ 
tinued  to  reside  in  this  state,  without  her  said 
husband  for  the  space  of  two  years  continuous¬ 
ly,  she  may  afterwards,  during  her  separate 
residence  therein,  transact  business,  make  con¬ 
tracts,  prosecute  and  defend  suits  in  her  own 
name,  and  dispose  of  such  of  her  property  as 
she  may  acquire  by  her  own  industry  or  other¬ 
wise  ;  and  may  have  the  exclusive  care,  cus¬ 
tody  and  guardianship  of  her  minor  children, 
if  any  living  with  her,  in  like  manner  and  in 
all  respects  as  if  she  were  unmarried  ;  and  she 
shall  be  liable  to  be  sued  as  if  she  were  un¬ 
married,  upon  all  contracts,  and  for  all  other 
acts  made  or  done  by  her  after  the  expiration 
of  said  term  of  two  years ;  and  she  may  make 
and  execute  any  deeds  and  other  instruments 
in  her  own  name,  and  do  all  other  lawful  acts 
that  may  be  necessary  or  proper  to  carry  into 
effect  the  power  so  granted  to  her. 

Section  2. — If  the  husband  of  any  such  wo¬ 
man  shall  afterwards  come  into  this  state  and 
claim  his  marital  rights,  his  arrival  here  shall 
have  the  same  effect  in  regard  to  any  suit  then 
pending  in  which  she  is  a  party,  except  to 
abate  the  same,  and  to  any  contract  or  business 
transacted  by  her  under  the  power  granted  in 
the  foregoing  section,  as  if  they  had  been  first 
married  at  the  time  of  his  arrival  here,  and 
shall  have  no  other  effect. 

Section  3. — If  during  her  separate  resi¬ 
dence  such  married  woman  shall  have  obtained 
a  decree  of  divorce  against  her  said  husband, 
under  the  laws  of  this  state,  or  if  her  said  hus¬ 
band  previous  to  his  coming  into  this  state 
shall  have  caused  the  marriage  contract  to  be 
dissolved  by  an  act  or  decree  of  divorce  ob¬ 
tained  against  her  in  any  state  or  country,  in 
any  suit  or  proceeding  to  which  she  is  not  a 
voluntary  party  nor  present  thereat,  so  as  to 
have  like  opportunity  of  defence  as  she  would 
have  if  such  suit  were  brought  against  her  in 
this  state,  she  shall  not  thereafter  be  liable,  in 
this  state,  provided  that  she  shall  have  resided 
therein  for  the  space  of  six  months,  to  be  de¬ 
prived  by  her  late  husband  of  her  separate 
earnings  therein,  nor  of  any  property  not  de¬ 
rived  from  him  which  she  may  lawfully  have 
acquired  or  possess,  nor  of  the  custody  of  any 
infant  child ;  unless,  upon  petition  of  her  said 


12 


late  husband  to  the  Supreme  Court,  in  the 
county  where  she  resides,  served  upon  her  b  y 
copy,  thirty  days  at  least  before  the  sitting  of 
the  court,  and  setting  forth  substantially  the 
whole  subject  matter  of  complaint  against  her, 
it  shall  be  made  to  appear  by  evidence  that 
she  is  not  a  a  person  of  good  moral  character, 
suitable  to  have  charge  of  her  children,  or 
unless  the  court  thereupon  in  its  discretion? 
having  due  regard  to  the  well-being  of  the  in¬ 
fant,  order  its  custody  to  be  changed. 

Section  4. — The  Supreme  Court,  upon  any 
application  of  such  woman,  either  before  or 
after  said  divorce,  on  her  giving  satisfactory 
evidence  of  her  having  resided  two  years  in 
this  state,  next  before  said  application,  separate 
from  her  husband,  and  without  being  supported 
by  him,  may  appoint  a  guardian  of  the  person 
and  estate  of  said  child,  in  the  same  manner 
that  courts  of  probate  are  now  authorized  to 
appoint  guardians  of  minors. 

“  Aci  regulating  conveyances  of  real  estate.’* 
Page  257. 

Section  9*  Nothing  in  this  act  shall  be 
construed  to  bar  any  widow  of  any  grant  or 
of  any  lands,  tenements  or  other  real  estate 
of  her  dower  therein  ;  but  a  married  woman 
may  bar  her  right  of  dower  in  any  estate  con¬ 
veyed  by  her  husband,  by  joining  with  him  in 
the  deed  conveying  the  same,  and  therein  re¬ 
leasing  her  claim  to  dower,  or  by  releasing 
the  same  by  subsequent  deed,  jointly  with 
her  husband,  or  by  joining  in  a  deed  given 
by  a  guardian  of  her  husband :  she  may 
also  bar  her  right  of  dower  in  any  estate  in 
which  the  interest  of  her  husband  has  been 
formally  conveyed  by  a  deed  thereof,  executed 
by  her,  in  the  presence  of  two  witnesses,  and 
acknowledged  by  her,  after  a  separate  exami¬ 
nation  and  an  explanation  of  the  deed  to  her, 
in  the  same  manner  as  is  required  by  law  tor 
a  conveyance  of  real  estate  owned  by  her  in 
her  own  right. 

Section  10.  Where  the  husband  and  wife, 
being  of  lawful  age,  are  seized  of  any  lands, 
tenements  or  other  real  estate  in  the  right  of 
the  wife,  they  shall  be  authorized  to  convey 
the  same  by  deed  or  other  instrument  in  wri¬ 
ting,  signed,  sealed  and  delivered  by  them  re¬ 
spectively  ;  but  in  every  such  case,  the  wife 
acknowledging  such  deed  or  instrument  shall 


be  examined  privily  and  apart  from  her  hus¬ 
band  ;  and  shall  declare  to  the  officer  taking 
such  acknowledgment,  that  the  deed  or  instru¬ 
ment  shown  and  explained  to  her  by  such 
magistrate  is  her  voluntary  act,  and  that  she 
doth  not  wish  to  retract  the  same  :  and  if  the 
wife  on  such  privy  examination  shall  refuse  to 
make  such  acknowledgment,  the  deed  or  other 
instrument  executed  by  the  husband  and  the 
wife  as  aforesaid,  shall  not  operate  to  convey 
to  the  grantee  named  in  such  deed  or  instru¬ 
ment,  any  other  or  greater  estate  in  the  pre¬ 
mises  described  in  such  deed  than  what  be¬ 
longs  to  the  husband ;  and  if  such  deed  be 
executed  by  attorney  of  the  wife,  or  any  deed 
affecting  her  right  of  dower  in  any  estate  of 
her  husband  during  his  life,  the  letter  of  attor¬ 
ney  shall  be  executed  and  acknowledged  with 
like  formalities  as  are  required  in  the  execu¬ 
tion  and  acknowledgment  of  a  deed  by  a  hus¬ 
band  and  wife  of  an  estate  held  in  the  right  of 
the  wife. 

“  Intestate  estates  and  the  settlement  thereof.” 

Page  238. 

Section  3.  Whenever  the  personal  estate 
of  any  deceased  person  shall  be  insufficient  to 
pay  the  debts  and  funeral  charges  of  the  de¬ 
ceased,  the  widow  shall  nevertheless  be  enti¬ 
tled  to  her  apparel,  and  such  bedding  and  other 
household  goods  as  the  court  of  probate  shall 
determine  necessary,  according  to  her  situation 
and  the  circumstances  of  the  estate  ;  and  such 
part  of  the  personal  estate  as  the  court  of  pro¬ 
bate  may  allow  the  widow,  shall  not  be  assets 
in  the  hands  of  the  executor  or  administrator. 

Section  18.  When  a  man  and  his  wife 
shall  be  seized  of  any  real  estate  in  her  right, 
in  fee,  and  issue  shall  be  born  alive  of  the  body 
of  such  wife,  that  may  inherit  the  same,  and 
such  wife  shall  die,  the  husband  shall  have  and 
hold  such  estate  during  his  natural  life  as  ten¬ 
ant  by  the  courtesy. 

Section  24.  The  husband  shall,  except  as 
provided  in  the  act  entitled  “  an  act  concern¬ 
ing  the  property  of  married  women,”  be  en¬ 
titled  to  the  administration  of  his  wife’s  per¬ 
sonal  estate;  and  shall  not  be  compelled  to 
distribute  the  same  amongst  her  rest  of  kin, 
but  shall  have  and  retain  the  surplus  thereof, 
after  payment  of  her  debts,  for  his  own  use : 
anything  in  this  act  to  the  contrary  notwith¬ 
standing. 


13 


“  Act  concerning  the  property  of  married 
women”  Page  270. 

Section  1. — The  real  estate,  chattels  real, 
household  furniture,  plate,  jewels,  stock  or 
shares  in  the  capital  stock  of  any  incorporated 
company  of  this  state,  or  debts  secured  by  mort¬ 
gage  on  property  within  this  state,  which  are 
the  property  of  any  woman  before  marriage,  or 
which  may  become  the  property  of  any  woman 
after  marriage,  shall  be,  and  are  hereby  so  far 
secured  to  her  sole  and  separate  use,  that  the 
same,  and  the  rents,  profits  and  income  thereof, 
shall  not  be  liable  to  be  attached,  or  in  any 
way  taken  for  the  debts  of  the  husband,  either 
before  or  after  his  death ;  and  upon  the  death 
of  the  husband  in  the  life-time  of  the  wife,  shall 
be  and  remain  her  sole  and  separate  property. 
In  case  of  the  sale  of  any  such  property,  the 
proceeds  of  such  sale,  or  any  part  of  the  same, 
may  be  invested  in  the  name  of  the  wife  in  any 
of  the  kinds  of  the  property  aforesaid,  and  to 
be  secured  to  and  holden  by  the  wife,  in  the 
same  manner  and  with  the  same  rights  and 
effect  as  the  property  sold.  The  receipt  or 
discharge  of  the  husband  for  the  rents  and 
profits  of  such  property,  shall  be  a  sufficient 
receipt  and  discharge  therefor,  unless  previous 
notice,  in  writing,  shall  be  given  by  the  wife  to 
the  lessee,  debtor  or  incorporated  company, 
from  whom  such  rents  or  profits  are  payable  ; 
in  which  case  the  sole  and  separate  receipt  or 
discharge  of  the  wife  shall  alone  be  a  sufficient 
receipt  and  discharge  therefor. 

Section  2.— The  chattels  real,  household 
furniture,  plate,  jewels,  stock  or  shares  in  the 
capital  stock  of  any  incorporated  company  in 
this  state,  or  debts  secured  by  mortgage  on 
property  within  this  state,  which  are  the  prop¬ 
erty  of  any  woman  before  marriage,  or  which 
may  become  the  property  of  any  woman  after 
marriage,  shall  not  be  sold,  leased  or  conveyed 
by  the  husband,  unless  by  deed,  in  which  the 
wife  shall  join  as  grantor ;  which  deed  shall  be 
acknowledged  in  the  manner  by  law  provided 
in  case  of  the  real  estate  of  married  women  ; 
provided^  however^  that  whenever  the  house¬ 
hold  furniture,  plate  or  jewels  belonging  to  any 
married  woman  shall  be  sold  by  her  husband 
as  his  property,  to  one  who  shall  purchase  the 
same  bona  fide,  and  without  notice,  active 
or  constructive,  of  the  right  of  the  wife  thereto, 
such  sale  shall  vest  in  such  purchaser  a  good 
and  valid  title  thereto. 


Section  3. — Any  married  woman,  being 
upwards  of  eighteen  years  of  age,  may  dispose 
of  her  personal  estate  secured  to  her  by  this 
act,  or  any  portion  of  the  same,  by  last  will 
and  testament,  executed  in  the  manner  in 
which  other  wills  are  by  law  required  to  be 
executed. 

Section  4. — Nothing  in  this  act  con¬ 
tained  shall  be  construed  to  impair  the  rights 
of  the  husband  upon  the  death  of  the  wife  as 
tenant  by  the  courtesy  ;  or,  in  case  of  no  last 
will  and  testament,  as  herein  before  provided, 
to  deprive  the  husband  of  his  right  to  adminis¬ 
ter  upon  the  estate  of  his  wife,  with  the  same 
effect  as  by  law  provided  ;  or  to  authorize  any 
husband  to  give  unto  or  settle  upon  his  wife 
any  of  his  property,  in  any  other  manner  or 
with  any  other  effect  than  if  this  act  had  not 
been  passed. 

Section  5. — The  property  secured  to 
any  married  woman  by  this  act  shall  be  liable 
to  attachment  or  levy  for  her  debts,  contracted 
before  marriage,  under  the  same  circumstan¬ 
ces,  and  with  the  same  effect,  as  if  she  had 
continued  sole  and  unmarried ;  and  nothing  in 
this  act  contained  shall  be  construed  to  impair 
any  lien  or  right  of  lien  thereon,  or  any  remedy 
by  law  provided  for  the  enforcement  thereof. 

Section  6. — In  all  actions  relating  to  the 
property  of  any  married  woman  secured  to  her 
by  this  act,  the  husband  and  wife  shall  jointly 
sue  and  be  sued,  except  in  case  a  trustee  of 
the  same  be  appointed  as  hereinafter  provid¬ 
ed  ;  and  in  case  of  recovery,  by  any  husband 
and  wife  in  any  such  action,  the  amount  by 
them  recovered  may  be  invested  in  the  name 
of  the  wife,  in  any  of  the  kinds  of  property 
hereinbefore  described,  with  the  same  rights 
and  effect  as  if  the  same  had  remained  in  the 
possession  of  the  wife,  whether  the  right  of 
action  accrued  before  or  after  marriage ;  and 
all  such  actions  and  rights  of  action  shall  sur¬ 
vive  the  death  of  either  husband  or  wife. 

Section  7. — The  Supreme  Court  may, 
upon  petition  in  equity  to  them  by  any  mar¬ 
ried  woman,  filed  by  her  through  her  next 
friend,  appoint  a  trustee  or  trustees  of  her 
property,  secured  to  her  by  this  act,  who  shall 
be  empowered,  in  his  or  their  own  name  or 
names,  as  trustee  or  trustees,  to  sue  for,  recover 
and  hold  such  property,  to  the  uses  by  law  pro¬ 
vided  ;  said  trust  to  continue  during  the  cov¬ 
erture  of  such  married  woman,  unless  by  order 


14 


of  said  court  sooner  determined.  And  said 
court  shall  have  full  power  to  remove  such 
trustee  or  trustees,  and  to  appoint  others  in 
their  stead,  as  in  case  of  other  trusts. 

Act  in  relation  to  wills  of  real  and  personal 
estate.  Page  230. 

Section  1. — Every  person  being  upwards  of 
twenty-one  years  of  age,  and  of  sane  mind,  not 
being  a  married  woman,  and  being  lawfully 
seized  of  any  lands,  tenements  or  heredita¬ 
ments,  in  his  own  right,  in  fee  simple,  fee  tail,  or 
for  the  life  of  any  other  person,  or  for  any  other 
term  of  time  than  his  own  life,  shall  have  a 
right  to  give,  devise  and  dispose  of  the  same,  by 
last  will  or  testament,  in  writing,  to  and  among 
his  children,  or  others,  as  he  shall  think  fit ; 
and  he  may  also  devise  any  lands,  tenements  or 
heriditaments,  acquired  subsequently  to  the 
execution  of  his  will,  provided  his  intention  to 
devise  the  same  appears  by  the  express  terms 
of  his  will :  provided  that  no  person  seized  in 
fee  simple  shall  have  a  right  to  devise  any 
estate  in  fee  tail  for  a  longer  time  than  to  the 
children  of  the  first  devisee ;  and  a  devise  for 
life  to  any  person,  and  to  the  children  or  issue 
generally  of  such  devisee,  in  fee  simple,  shall 
not  vest  a  fee  tail  estate  in  the  first  devi¬ 
see,  but  an  estate  for  life  only  ;  and  the 
remainder  shall,  on  his  decease,  vest  in  his 
children  or  issue  generally,  agreeably  to  the 
direction  in  such  will. 

Section  4. — Every  person  being  upwards 
of  eighteen  years  of  age,  and  of  sane  mind, 
shall  have  a  right  to  give  and  dispose  of  all 
his  goods,  chattels  and  personal  estate,  of 
every  kind,  by  last  will  and  testament,  in  wri¬ 
ting,  in  the  same  manner  as  he  is  authorized 
by  this  act,  if  upwards  of  twenty-one  years  of 
age,  to  dispose  of  real  estate :  provided,  how¬ 
ever,  that  no  married  woman  shall  make  any 
last  will  and  testament,  except  of  that  or  some 
portion  of  the  personal  estate  secured  to  her 
by  the  act  concerning  the  property  of  married 
women  ;  and  no  will  or  testament  of  any  goods 
or  chattels  or  other  personal  estate  shall  be 
valid  and  effectual  to  convey  the  same,  unless 
such  will  or  testament  shall  be  in  writing,  and 
signed  and  executed  in  the  manner  prescribed 
in  this  act  for  the  execution  of  wills  of  real 
estate.  ^  ^  ^  ^  * 

Section  5.-^The  widow  of  any  testator 


in  whose  will  provision  is  made  for  said  widow 
in  lieu  of  her  dower,  shall,  in  case  of  her  non- 
acceptance  of  that  provision,  signify  the  same, 
in  writing,  to  the  Court  of  Probate,  within  one 
year  from  the  probate  of  the  will. 

Section  7. — All  such  estate,  real  or  per¬ 
sonal,  as  is  not  devised  or  bequeathed  in  the 
last  will  and  testament  of  any  person,  hereafter 
to  be  proved,  shall  be  distributed  in  the  same 
manner  as  if  it  were  an  intestate  estate. 

Section  20. — When  any  unmarried  wo¬ 
man  shall  jointly  with  one  or  more  persons 
be  appointed  executrix  or  administratrix,  and 
after  such  appointment  shall  marry,  during  the 
life  of  the  other  executor  or  administrator; 
such  marriage  shall  not  make  the  husband  an 
executor  or  administrator  in  her  right,  but 
shall  operate  as  an  extinguishment  or  determi¬ 
nation  of  such  woman’s  power  and  authority  ; 
and  the  other  executor  or  executors,  adminis¬ 
trator  or  administrators,  may  proceed  in  dis¬ 
charging  the  trust  reposed  in  them  in  the  same 
way  and  manner  as  if  such  woman  were  dead. 

Section  21. — When  any  unmarried  woman, 
executrix  or  administratrix  shall  marry,  such 
marriage  shall  not  make  her  husband  an 
executor  or  administrator  in  her  right,  but 
shall  operate  as  an  extinguishment  of  such 
woman’s  power;  and  the  Court  of  Probate 
shall  thereupon  grant  administration  upon  the 
unadministered  part  of  the  estate,  to  such 
husband  or  to  any  other  suitable  person  ;  who 
may  prosecute  or  defend  any  suit  which  may 
have  been  commenced  by  or  against  the  first 
executrix  or  administratrix,  in  the  same  man¬ 
ner  and  to  the  same  purpose  and  effect  as  she 
might  have  prosecuted  or  defended  the  same 
if  her  trust  had  continued. 

Act  relating  to  dower  and  the  assignment  thereof. 

Page  188. 

Section  1. — The  widow  of  any  person 
dying  intestate,  or  otherwise,  shall  be  endowed 
of  one  full  and  equal  third  part  of  all  the  lands, 
tenements  and  hereditaments,  whereof  her  hus¬ 
band,  or  any  other  to  his  use,  was  seized  of  an 
estate  of  inheritance,  at  any  time  during  the 
intermarriage,  to  which  she  shall  not  have 
relinquished  her  right  of  dower  by  deed,  except 
in  the  cases  provided  for  in  the  thirteenth  sec¬ 
tion  of  this  act. 

Section  4.  —  Until  such  dower  be  as- 


15 


signed,  and  until  she  elect  to  receive  her  joint¬ 
ure  in  lieu  of  dower,  according  to  the  thirteenth 
section  of  this  act,  it  shall  be  lawful  for  any 
widow  to  remain  and  continue  in  the  mansion 
house,  and  the  message  thereto  belonging, 
without  being  chargeable  to  pay  the  heir  any 
rent  for  the  same ;  provided  she  bring  her  writ 
of  dower  within  twelve  months  after  the  pro¬ 
bate  of  the  will  or  the  granting  of  letters  of 
administration  on  her  husband’s  estate. 

Section  13. — If  any  estate,  real  or  per¬ 
sonal,  be  conveyed  by  deed,  or  the  same  be 
devised  or  bequeathed  for  the  jointure  of  the 
wife  in  lieu  of  her  dower,  to  take  effect  in  her 
own  possession  immediately  on  the  death  of  her 
husband  and  to  continue  during  her  life,  or  in 
fee,  determinable  by  such  acts  only  as  would 
forfeit  her  dower  at  the  common  law,  such 
conveyance  shall  bar  her  dower  of  the  residue 
of  the  lands,  tenements  and  hereditaments 
which  her  said  husband  at  any  time  possessed  ; 
but  if  the  said  conveyance  was  before  marriage 
and  during  the  infancy  of  the  woman,  or  after 
marriage,  in  either  case  the  widow  may,  at  her 
election,  waive  such  jointure  and  demand  her 
dower ;  provided  the  same  be  done  in  writing 
within  twelve  months  after  the  probate  of  the 
will,  if  there  be  one,  and  if  not,  then  within 
twelve  months  after  the  granting  of  letters  of 
administration  on  her  deceased  husband’s 
estate. 

Section  15. — If  any  widow  be  lawfully 
expelled  or  evicted  from  her  jointure,  or  any 
part  thereof,  without  any  fraud  or  covin,  by 
lawful  entry  or  action,  she  shall  be  endowed  of 
so  much  of  the  residue  of  her  husband’s  lands, 
tenements  and  hereditaments,  whereof  she  was 
dowable,  as  the  same  lands,  tenements  or 
hereditaments  wherefrom  she  was  so  evicted 
and  expelled,  shall  amount  and  extend  to. 

Section  16. — Widows  may  bequeathe  the 
crops  as  well  of  their  dower  as  of  their  other 
lands  and  tenements.  *  ^  ^ 

Act  enabling  married  women  to  effect  life 
insurance. — Vol.  2ypage  715. 

Any  policy  of  insurance,  made  by  any  insu¬ 
rance  company,  on  the  life  of  any  person 
expressed  to  be  for  the  benefit  of  a  married 
woman,  whether  the  same  be  effected  by  her¬ 
self  or  by  her  husband,or  by  any  other  person  on 
her  behalf,  shall  enure  to  her  separate  use  and 


benefit  and  that  of  her  children,  if  any,  inde¬ 
pendently  of  her  husband  and  of  his  creditors 
and  representatives,  and  also  independently  of 
any  other  person  effecting  the  same  on  her 
behalf,  his  creditors  and  representatives;  a 
trustee  or  trustees  may  be  appointed  by  any 
court  authorized  to  appoint  trustees,  to  hold 
and  manage  the  interest  of  any  married  woman 
in  any  such  policy  or  the  proceeds  thereof : 
provided^  however^  that  the  provisions  of  this 
act  shall  not  apply  to  any  policy  upon  which 
the  amount  of  annual  premium  shall  exceed 
the  sum  of  three  hundred  dollars. 

Providence,  R.  I.  p.  w.  d. 

REPORT 

FOR  THE  STATE  OF  NEW  HAMPSHIRE. 

BT  ELLEN  M.  TAB.R. 

The  laws  of  the  State  of  New  Hampshire 
which  especially  bear  upon  women  are,  first, 
provisions  of  the  common  law,  which  have 
equal  force  in  other  States,  and  second,  the 
accompanying  statutes,  taken  from  the  com¬ 
piled  Statutes  of  New  Hampshire,  of  1853. 

The  common  law  has  been  so  often  quoted 
in  the  “  Una,”  and  is  now  so  well  known,  that 
it  would  be  a  waste  of  time  and  patience  to 
give  it  in  full  here.  It  may,  in  some  of  its  par¬ 
ticulars,  however,  be  briefly  summed  up  thus  : 

The  husband  and  wife  are  considered  as  one 
person,  and  her  legal  existence  lost  or  sus¬ 
pended  during  the  union. 

The  husband  becoffies  entitled,  upon  mar¬ 
riage,  to  all  the  goods  and  chattels  of  the  wife, 
to  the  rents  and  profits  of  her  land,  becomes 
liable  to  pay  her  debts  and  perform  her  con¬ 
tracts. 

“  If  an  estate  in  land  be  given  to  the  hus¬ 
band  and  wife,  or  a  joint  purchase  be  made, 
they  are  not  joint  tenants,  nor  tenants  in  com¬ 
mon  ;  for  they  are  but  one  person  in  law.” 

The  husband,  upon  marriage,  becomes  pos¬ 
sessed  of  the  chattels  of  the  wife,  and  the  law 
gives  him  power,  without  her,  to  sell,  assign, 
mortgage,  or  otherwise  dispose  of  the  same 
as  he  pleases. 

Among  the  duties  which  he  assumes  are 
these : 

He  is  answerable  for  the  wife’s  debts  before 
marriage.  He  is  bound  to  provide  her  with  ne¬ 
cessaries  suitable  to  her  situation,  and  to  pay 
debts  contracted  for  necessaries. 


16 


She  has  no  legal  power  to  contract. 

Thus  we  see,  that  while,  in  law,  the  “  hus¬ 
band  and  wife  are  considered  as  one  person” 
that  one  is  the  husband — the  wife  is  legally  a 
nonentity. 

COMPILED  STATUTES 

OF  THE  STATE  OF  NEW  HAMPSHIRE  FOR 

1853. 

Section  1.  Wife  deserted  may  hold  prop¬ 
erty. 

When  any  husband  shall  have  deserted  his 
wife,  and  remained  absent  for  the  space  of 
three  months,  without  making  suitable  pro¬ 
vision  for  her  support,  and  the  maintenance 
and  education  of  their  minor  children;  or 
when  any  cause  is  in  existence  which  is,  or 
which,  if  it  continue  to  exist  for  a  longer  pe¬ 
riod,  may  be  a  cause  of  divorce,  and  the  wife 
is  the  injured  party,  she  shall  be  entitled  to 
hold  in  her  own  right,  and  to  her  separate  use, 
any  property  acquired  by  her  by  descent,  leg¬ 
acy  or  otherwise,  and  to  the  earnings  of  her 
minor  children,  until  said  parties  shall  after¬ 
wards  cohabit,  and  may  dispose  of  the  same 
without  the  interference  of  her  said  husband,  or 
of  any  person  claiming  under  him. 

Sec.  2.  Property  of  husband^  when  sold 
for  support  of  wife  and  children. 

In  any  such  case,  if  the  husband  leave  prop¬ 
erty  within  this  State,  the  judge  of  probate  for 
the  county  in  which  the  wife  resides,  on  petition 
by  her  and  such  notice  to  the  husband,  personal 
or  otherwise,  as  the  judge  shall  order,  may  au¬ 
thorize  such  portion  of  said  property  as  may 
be  necessary  for  the  maintenance  of  herself 
and  children,  to  be  sold  at  public  auction,  and 
cause  the  proceeds  of  such  sale  to  be  appropri¬ 
ated  and  expended  for  that  purpose,  in  such 
manner  as  he  may  direct,  and  require  bonds 
for  the  faithful  application  of  such  proceeds 
according  to  the  order  of  said  court. 

Sec.  3.  Married  women  may  make  con¬ 
tracts  if  deserted. 

Whenever  any  married  woman  shall  be  en¬ 
titled  to  hold  property  in  her  own  right  and  to 
her  separate  use,  she  may  make  contracts,  may 
sue  and  be  sued  in  her  own  name,  and  may 
dispose  of  said  property  by  will,  or  otherwise, 
as  if  she  were  sole  and  unmarried  ;  and  if  she 
shall  decease  intestate,  her  husband  shall  be 


excluded  from  any  share  in  her  said  estate, 
and  such  estate  shall  be  administered  and  in¬ 
herited  in  the  same  manner  as  if  she  were  sole 
and  unmarried. 

Sec.  4.  Rights  of  wife  of  alien  living  sep¬ 
arate.  • 

If  any  woman,  being  the  wife  of  an  alien  or 
of  a  citizen  of  any  other  State,  shall  have  re¬ 
sided  in  this  State  for  the  term  of  six  months 
successively,  separate  from  her  husband,  she 
shall  be  capable  of  making  contracts,  may  sue 
and  be  sued  in  her  own  name  for  any  cause  of 
action  that  may  accrue  during  such  separate 
residence,  may  acquire  and  hold  property  in 
her  own  right,  and  may  have  the  exclusive 
care,  custody  and  guardianship  of  her  minor 
children  living  with  her  in  this  State ;  and  the 
earnings  of  such  children  shall  be  expended 
in  the  same  manner  as  if  her  husband  had  de¬ 
ceased  ;  but  such  woman  shall  not  contract  an¬ 
other  marriage,  nor  sue  nor  be  sued  for  a 
breach  of  such  contract. 

Sec.  5.  Rights  of  husband  becoming  a  res¬ 
ident. 

If  the  husband  of  such  woman  shall  become 
a  citizen  of  this  State,  and  they  shall  cohabit 
together,  the  fact  of  his  becoming  such  citizen 
and  such  cohabitation  shall  have  the  same  ef¬ 
fect  upon  any  contract  or  business  of  the  wife, 
or  upon  any  suit  by  or  against  her,  as  if  the 
marriage  between  them  had  been  first  solem¬ 
nized  at  the  time  of  his  thus  becoming  a  citizen 
of  this  State. 

Sec.  6,  Rights  of  wife  after  divorce. 

If  the  husband  of  such  woman  shall  obtain  a 
divorce  from  his  said  wife,  in  any  court  or 
tribunal  of  any  other  State  or  country ;  or 
if  a  divorce  shall  be  decreed  upon  application 
of  the  wife  during  such  separate  residence,  she 
shall  be  entitled  to  retain  to  her  own  use,  any 
property,  real  or  personal,  which  may  have 
been  acquired  by,  or  given  or  descended  to  her 
during  such  separate  residence,  and  to  retain  the 
exclusive  custody  and  guardianship,  and  to  re¬ 
ceive  the  earnings  of  her  minor  children  born 
in  this  country  and  living  with  her,  unless  upon 
a  hearing  of  the  parties  before  the  Superior 
Court  of  Judicature,  it  shall  be  made  to  appear 
by  other  evidence  than  such  decree  of  divorce, 
that  she  has  been  guilty  of  adultery,  or  other 
criminal  breach  of  the  marriage  covenant. 


n 


Sec.  7.  Forcible  removal  forbidden. 

If  any  such  married  woman  shall  reside  in 
this  State,  separate  from  her  husband,  it  shall 
be  unlawful  for  the  husband  of  such  woman, 
he  being  an  alien,  or  being  about  to  leave  the 
United  States  to  go  to  any  foreign  country,  to 
take  from  the  custody  of  such  woman  any  mi¬ 
nor  child  of  the  marriage,  born  in  this  country, 
with  intent  to  remove  said  child  to  any  for¬ 
eign  country  against  the  consent  of  the  mother. 

Sec.  8.  Guardians — how  appointed. 

Upon  her  application  a  guardian  may  be 
appointed  for  such  child,  and  the  Superior 
Court  of  Judicature,  or  either  of  the  justices 
thereof,  is  authorized  to  issue  an  injunction  re¬ 
straining  the  father  and  all  other  persons  from 
removing  said  child  from  this  State  against  the 
consent  of  the  mother,  and  to  make  such  fur¬ 
ther  orders  and  decrees  as  shall  secure  to  her 
or  to  said  guardian  the  custody  of  such  chil¬ 
dren. 

Sec.  9.  Conveyances  by  and  to  wife^  how 
made  if  husband  under  guardianship. 

The  wife  of  any  man  who  is  under  guard¬ 
ianship  may  join  with  the  guardian  in  the  con¬ 
veyance  of  her  interest  in  her  real  estate,  or 
in  the  real  estate  of  such  ward,  or  in  making 
partition  of  her  own  real  estate  held  in  joint 
tenancy  or  in  common,  and  may  make  or  re¬ 
ceive  any  release  or  other  conveyance  neces¬ 
sary  or  proper  for  that  purpose,  in  like  man¬ 
ner  as  she  might  have  done  with  her  husband 
if  he  had  been  under  no  disability. 

Sec.  10.  Wife  may  join  in  conveyances  of 
husband,  when. 

Any  married  woman  of  full  age  may  join 
with  her  husband  in  any  conveyance  of  real 
estate,  and  any  married  woman  may  join  with 
her  husband  in  release  of  dower,  although  she 
is  not  of  full  age. 

Sec.  11.  Wife  may  devise  her  real  estate. 

Any  married  woman  of  the  age  of  twenty- 
one  years  or  upwards,  and  of  sane  mind,  who 
may  be  seized  in  her  own  right  of  any  real  es¬ 
tate  in  this  State,  shall  have  power  to  give,  de¬ 
vise  and  dispose  of  the  same  by  will  in  writing, 
which  will,  when  signed  and  sealed  by  the  de¬ 
visor,  and  duly  attested  and  subscribed  by 
three  credible  witnesses  thereto  in  her  pres¬ 
ence,  and  executed  with  the  formalities  now 
3 


required  by  law  in  other  cases,  shall  be  proved 
and  allowed  by  the  courts  of  probate  in  this 
State,  and  shall  be  effectual  in  distributing  the 
estate  devised,  according  to  the  intention  of 
the  devisor ;  provided,  however,  that  any  such 
will  shall  in  no  case  affect  injuriously  the 
rights  acquired  by  the  husband  in  any  estate 
so  devised,  by  virtue  of  the  marriage  con¬ 
tract.  (Laws  o/1845,  chap.  236.) 

Sec.  12.  Contracts  before  marriage. 

At  any  time  before  a  marriage  the  parties 
may  enter  into  a  contract  in  writing,  declar¬ 
ing  their  consent  that  after  the  marriage  shall 
have  been  solemnized,  the  wife  shall  continue 
to  hold  either  the  whole  or  any  designated 
part  of  any  interest  in  the  real  or  personal  es¬ 
tate,  or  rights  of  action  of  which  she  may  be 
seized  or  possessed  at  the  time  of  her  mar¬ 
riage,  to  her  sole  and  separate  use,  free  from 
the  control  and  interference  of  her  husband, 
and  the  said  wife  shall  hold,  possess  and  enjoy 
the  same  accordingly.  (Laivs  of  1846,  chap. 
327,  sec.  1.) 

Sec.  13.  Conveyances  and  bequests  to  mar¬ 
ried  women. 

Any  devise,  conveyance  or  bequest  of  prop¬ 
erty,  real,  personal  or  mixed,  may  be  made  to 
any  married  woman,  to  be  held  by  her  without 
the  intervention  of  a  trustee,  to  her  sole  and 
separate  use,  free  from  the  interference  or  con¬ 
trol  of  her  husband ;  and  she  shall  hold,  pos¬ 
sess  and  enjoy  the  estate  so  given,  devised, 
conveyed  or  bequeathed  accordingly ;  and 
shall,  in  like  manner,  hold  any  property  which 
she  may  receive  under  the  provisions  of  any 
deed  of  trust,  made  either  before  or  after  her 
marriage.  (Laws  of  1846,  chap.  327,  sec.  2.) 

Sec.  14.  Contracts  to  be  recorded. 

The  contract  or  conveyance  aforesaid,  when¬ 
ever  the  same  shall  relate  to  land  or  real  es¬ 
tate,  shall  be  recorded  in  the  registry  of  deeds, 
in  the  county  where  said  land  or  real  estate  is 
situated,  as  is  required  in  relation  to  deeds  of 
real  estate  in  other  cases.  (Laws  of  1846, 
chap.  327,  sec.  3.) 

Sec.  15.  Married  women  to  sue  and.  be 
sued. 

Married  women,  in  the  cases  aforesaid,  shall, 
in  respect  to  all  such  property,  have  the  same 
rights,  and  possess  and  be  entitled  to  the  same 


18 


remedies,  in  her  own  name  at  law  and  in  equi¬ 
ty,  and  be  liable  to  be  sued  at  law  and  in  equi¬ 
ty  upon  any  contract  by  them  made,  or  any 
wrong  by  them  done  in  respect  to  such  prop¬ 
erty.  And  also  upon  any  contract  by  them 
made,  or  wrongs  by  them  done,  before  their 
marriage,  in  the  same  manner  and  with  the 
same  effect  as  if  they  were  unmarried.  {Laws 
q/’1846,  cliap.  327,  sec.  4.) 

Sec.  16.  Husband  not  to  convey  property 
to  wife. 

Nothing  herein  contained  shall  be  construed 
to  empower  any  husband  to  convey  any  of  his 
property  to  his  wife  in  any  other  manner  or 
with  any  other  effect  than  if  the  same  had  not 
passed.  (Laws  o/1846,  chap.  327,  sec.  5.) 

Sec.  1 7.  Married  women  dying  intestate. 

If  any  married  woman,  holding  property  to 
her  separate  use  by  virtue  of  this  act,  (sections 
12,  13,  14,  15,  16,  17  and  18,  of  this  chapter), 
shall  die  intestate,  all  her  right  and  interest  in 
the  personal  property  thus  held  shall  vest  in 
her  husband,  unless  other  provision  is  made  in 
relation  thereto  by  the  terms  of  the  contracts 
or  conveyances  hereinbefore  mentioned ;  and 
he  shall  be  entitled  to  his  estate  by  the  cour¬ 
tesy,  in  all  lands  and  tenements  held  by  his 
wife,  as  if  this  act  had  not  been  passed ;  pro- 
vided.^  however.,  that  in  every  such  case  it  shall 
be  necessary  for  the  husband  to  take  adminis¬ 
tration  on  the  estate  of  the  deceased  wife  ;  and 
he  shall  hold  such  personal  property,  and  all 
the  interest  of  the  wife  in  any  real  estate,  sav¬ 
ing  his  estate  by  the  courtesy,  subject  to  the 
payment  of  all  debts  incurred  by  her  either 
before  or  after  the  marriage.  (Laws  q/*1846, 
chap.  327,  sec.  7.) 

Sec.  18.  Superior  Court  may  appoint  trus¬ 
tee. 

Upon  the  petition  of  any  married  woman 
holding  property  to  her  sole  use,  the  superior 
court  of  judicature  may  appoint  a  trustee  or 
trustees  to  hold  the  same  in  trust  for  her ;  and 
such  petitioner  may  thereupon  convey  to  such 
trustee  or  trustees  all  property  so  held  by  her 
upon  such  trust,  or  to  such  uses  as  she  may  de¬ 
clare,  and  thereafter  such  trustee  or  trustees 
may,  in  his  or  their  own  name  or  names,  pros¬ 
ecute  all  actions  commenced  in  relation  to 
such  property,  and  defend  all  actions  brought 
against  such  woman,  founded  on  any  cause  of 


action  accordingly  on  such  conveyance.  And 
all  such  property  so  assigned  shall  be  liable,  in 
the  hands  of  such  trustee  or  trustees,  to  be  at¬ 
tached  or  taken  on  execution  in  any  such  ac¬ 
tion.  And  after  such  assignment  to  a  trustee 
or  trustees,  the  rights  and  powers  conferred 
upon  such  married  woman  by  this  act  (this  and 
the  six  preceding  sections),  shall  cease,  and 
her  rights,  interest  and  power  shall  depend 
upon  the  trusts  and  uses  declared  in  the  in¬ 
strument  of  conveyance  to  the  trustee  or  trus¬ 
tees,  or  in  any  other  lawful  declaration  of  trust. 
(Laws  of  1846,  chap.  327,  sec.  8.) 

Sec.  19.  Marriage  not  to  he  contested 
after  decease,  in  what  cases. 

Any  persons  cohabiting  and  acknowledging 
each  other  as  husband  and  wife,  and  generally 
reputed  to  be  such,  for  the  period  of  three 
years,  and  until  the  decease  of  one  of  them, 
shall  be  deemed,  after  such  decease,  to  have 
been  legally  married.  (R.  S.,  chap.  149,  sec. 
11.)  Ellen  M.  Tarr. 

Boston,  Sept.,  1855. 


The  following  letter  and  digest  of  the  laws 
of  Vermont  were  then  presented  to  the  Con¬ 
vention  : 

Brattleboro’,  July  3,  1855. 
My  Dear  Mrs.  Davis  : 

Herewith  I  send  you  a  synopsis  of  the  Stat¬ 
ute  Laws  of  Vermont,  having  special  reference 
to  women.  I  have  before  me  the  compiled  Sta¬ 
tutes  of  1850,  and  the  annual  volumes  of  the 
Legislative  Acts  since  that  date.  No  acts 
have  been  passed  relating  to  women  since 
1850. 

I  should  be  much  interested  to  learn  (as  I 
suppose  I  shall  be  able  to  do,  from  your  re¬ 
port)  how  our  State  compares  with  the  other 
New  England  States  in  regard  to  Women’s 
Bights.  In  respect  to  slavery  we  are,  and 
always  have  been,  the  freest  State  in  the  Union, 
as  is  shown  by  the  exclusion  of  slavery  before 
its  admission  to  the  Union,  by  the  acts  passed 
in  contravention  of  the  United  States  Law  of 
1 793,  and  of  that  of  1850,  A  slave  was  never 
owned  in  Vermont,  and  none  was  ever  re¬ 
turned  to  bondage,  from  within  her  limits,  by 
legal  process. 

The  provisions  of  our  law  by  which  the 
wife  is  entitled  to  use  her  own  property  and 


19 


earnings,  and  the  earnings  of  minor  children 
in  case  the  husband  absconds^  her  exemption 
^Yom  personal  restraint  during  the  pendency  of 
a  divorce  suit,  and  the  mother  and  illegitimate 
child  being  permitted  to  inherit  from  each  other  ^ 
strike  me  as  very  curious. 

These  three  classes  of  women,  generally 
considered  unfortunate,  it  must  be  acknowl. 
edged  are  in  some  respects  peculiarly  fortu¬ 
nate. 

It  seems  there  is  one  case  in  which  a  heavier 
penalty  is  laid  upon  woman  than  upon  man 
for  the  same  crime,  (i.  e.  adultery.) 

The  law  of  inheritance,  in  case  a  man  has 
no  issue,  nor  widow  nor  father,— ;-the  mother 
in  that  case  sharing  equally  with  brothers  and 
sisters,  seems  to  me  disgracefully  mean.  After 
wife  and  child,  to  whom  does  man  owe  so 
much  as  to  the  mother  that  bore  him  ?  Away 
with  such  a  law !  It  provokes  my  ire  more 
than  any  thing  else  I  have  found  on  the  stat¬ 
ute  book.  Mothers  of  illegitimate  children 
are  treated  more  j  ustly. 

I  call  your  attention  to  one  thing  more,  as 
at  some  time  you  may  have  occasion  to  make 
use  of  the  suggestion.  In  Vermont,  males,  in 
order  to  be  entitled  to  vote,  “  must  be  of  quiet 
and  peaceable  behavior ;  ”  ergo,  there  can  be 
no  objection  to  women’s  voting  in  this  State 
on  account  of  rowdyism  at  the  polls ! !  Per¬ 
haps  there  is  something  similar  in  the  laws  of 
other  States ;  if  so,  there  is  demolished  one  of 
the  bug-bear  arguments  that  our  opponents 
make  frequent  use  of. 

Yours,  as  ever,  for  the  good  cause, 

Ann  E.  Brown. 

EXTRACTS 

FROM  THE  STATUTES  OF  VERMONT  HAVING 
REFERENCE  TO  WOMEN. 

ELECTIVE  FRANCHISE. 

Every  male  citizen,  of  twenty-one  years 
of  age,  who  shall  have  resided  within  the 
State  one  whole  year  preceding  the  election 
of  Governor,  Lieutenant  Governor,  &c.,  &c., 
and  shall  be  of  quiet  and  peaceable  behavior^ 
shall  be  entitled  to  vote. — (Compiled  Stat., 
1850.  Title  1,  Chap.  81.) 

Any  man  of  twenty-one  years,  who  at  the 
time  shall  reside,  and  be  liable  to  pay  taxes 
in  any  organized  school  district,  shall  be  a 


legal  voter  in  the  same. — (Com.  Stat.,  Title 
11,  Chap.  20,- Sec.  23.) 

TAXES. 

The  polls  of  male  citizens  over  the  age  of 
twenty-one,  and  under  sixty,  are  taxed. 

All  the  real  and  personal  estate  of  the  in¬ 
habitants  {with  various  cases  of  exempAion^ 
none  of  them  specially  in  favor  of  woman's 
property)  is  liable  to  taxation. — (Com.  Stat., 
Title  22,  Chap.  80.) 

GUARDIANS  AND  WARDS. 

Males  of  the  age  of  twenty-one  years,  and 
females  of  the  age  of  eighteen  years,  shall  be 
considered  of  full  age  for  all  purposes ;  before 
those  ages  they  shall  be  considered  minors. 

The  father  of  a  minor,  or,  if  he  be  dead,  the 
mother,  remaining  unmarried,  shall  be  entitled 
to  the  custody  of  such  minors,  if  in  the  opin¬ 
ion  of  the  court  such  parent  shall  be  competent 
for  that  purpose. — (Revised  Stat.,  Title  11, 
Chap.  44.) 

RIGHTS  OF  MARRIED  WOMEN. 

Married  women  may  devise  by  will  their 
real  estate, — the  rents,  issues,  and  profits  of 
the  real  estate  of  a  married  women  shall  be 
exempt  from  attachment  for  the  sole  debts  of 
her  husband. 

(x4ct  passed  in  1847.)  She  may  also  have 
the  life  of  her  husband  insured,  and  the  in¬ 
surance  may  be  made  payable  to  her,  and  if 
she  die,  to  her  children. 

If  a  husband  absconds  without  sufficient 
provision  for  his  wife,  the  Supreme  Court  may 
on  her  petition,  authorize  her  to  sell  and  con¬ 
vey  her  real  estate ;  also  any  personal  es¬ 
tate  which  shall  at  any  time  have  come  to  the 
husband,  by  reason  of  the  marriage. 

Such  married  woman  during  the  absence  of 
her  husband  shall  be  entitled  to  the  proceeds 
of  her  own  earnings,  and  those  of  her  minor 
children.  These  various  proceeds  may  be  dis¬ 
posed  of  by  her  during  the  absence  of  her 
husband,  for  the  necessary  support  of  herself 
and  family. 

When  any  married  man  is  confined  in  State 
Prison,  during  such  confinement  his  wife  shall 
be  deemed  femme  sole,  so  far  that  she  may  pros¬ 
ecute  a  suit  when  the  cause  of  action  arose 
after  the  sentence  of  her  husband. — (Com. 
Stat.,  Title  19,  Chap.  68.) 


20 


DIVORCE. 

Divorce  may  be  decreed  for  adultery  in 
ither  party,  for  sentence  to  State  Prison 
hree  years  and  more,  for  intolerable  severity 
n  either  party,  for  wilful  desertion  for  three 
years,  when  either  party  shall  have  been  ab 
ent  seven  years  and  not  heard  from,  and 
n  the  libel  of  the  wife,  when  the  husband 
wantonly  refuses  to  provide  for  her. 

Upon  decreeing  the  dissolution  of  a  mar¬ 
riage,  the  Court  may  make  such  further  de¬ 
cree  as  they  deem  expedient  in  respect  to  the 
custody  of  minor  children. 

When  a  divorce  shall  be  decreed  for  the 
cause  of  adultery  in  the  wife,  her  husband 
shall  hold  her  personal  estate  forever,  and  her 
real  estate  as  long  as  they  both  live. 

The  Court  however  may  allow  to  the  wife 
for  her  subsistence,  as  much  of  her  said  estate 
as  they  shall  judge  necessary. — (Com.  Stat., 
Title  19,  Chap.  67.) 

After  the  filing  of  a  libel  for  a  divorce,  the 
Supreme  Court  may,  on  the  petition  of  the  wife, 
prohibit  the  husband  from  imposing  any  restraint 
on  \iex  personal  liberty  during  the  pendency  of  the 
libel.  (R.  S.,  Title  16,  Chap.  63.) 

DISTRIBUTION  OP  THE  ESTATES  OF 
INTESTATES. 

The  widow,  if  any,  shall  be  allowed  all  her 
articles  of  apparel  and  ornament,  and  the 
wearing  apparel  of  the  deceased,  and  such 
other  part  of  the  personal  estate  as  the  Pro¬ 
bate  Court  may  assign  to  her,  which  shall  not 
be  less  than  one-third,  after  the  payment  of 
debts,  funeral  charges  and  expenses  of  admin¬ 
istration. 

If  it  appear,  on  return  of  inventory,  that 
the  value  of  the  whole  estate  is  less  than  one 
hundred  and  fifty  dollars,  the  Court  may  as¬ 
sign  the  whole  to  the  widow  and  minor  chil¬ 
dren. 

The  widow,  or  next  of  kin,  has  the  first 
title  to  administration. 

If  an  administratrix  or  executrix  marry,  her 
marriage  extinguishes  her  authority  as  admin¬ 
istratrix  or  executrix. — (Com.  Stat.,  Title  14 
Chap.  50.) 

The  widow  shall  be  entitled  to  dower,  or 
the  use  during  her  natural  life  of  one-third  of 
the  real  estate  of  which  her  husband  died, 
seized  in  his  own  right.  (When  the  wife  dies 


the  husband  can  hold  the  whole  of  such  estate 
.  unless  she  has  issue  by  a  former  husband  en* 
titled  to  inheritance.) — (Com.  Stat.,  Title  14, 
Chap.  54.) 

Illegitimate  children  and  their  mothers  in¬ 
herit  from  each  other. 

When  any  person  shall  die,  seized  of  lands, 
tenements,  &c.,  within  this  State,  which  shall 
not  have  been  devised  by  will,  so  much  thereof 
as  shall  not  be  necessary  for  payment  of  debts, 
&c.,  shall  descend  in  equal  shares  to  his  chil¬ 
dren,  or  legal  representatives  of  children.  If 
he  leave  no  issue,  his  widow  shall  be  entitled 
to  the  whole  estate,  if  not  exceeding  one  thou¬ 
sand  dollars  ;  if  it  exceed  that  sum,  one  thou¬ 
sand,  and  half  the  remainder. 

If  a  deceased  person  leave  no  issue,  nor 
widow,  the  whole  of  his  estate  shall  descend 
to  his  father;  if  no  issue,  nor  widow,  nor 
father,  in  equal  shares  to  his  brothers  and 
sisters ;  and  if  his  mother  be  living,  she  shall 
have  the  sam£  share  as  a  brother  or  sister. — 
(Com.  Stat.,  Title  14,  Chap.  55.) 

HOMESTEAD. 

A  homestead  of  the  value  of  five  hundred 
dollars,  belonging  to  a  housekeeper  or  head  of 
a  family,  shall  be  exempt  from  execution.  If 
such  housekeeper  die,  it  shall  pass  to  his 
widow  and  children,  without  being  subject  to 
payment  of  debts,  and  cannot  be  alienated  or 
mortgaged  except  by  joint  deed  of  husband 
and  wife. — (Com.  Stat.,  Title  18,  Chap.  56.) 

COMMON  DAW. 

So  much  of  the  Common  Law  of  England, 
as  is  applicable  to  the  local  situation  and  cir¬ 
cumstances,  and  is  not  repugnant  to  the  con¬ 
stitution  or  laws  of  this  State,  shall  be  deemed 
and  considered  law  in  this  State. — (Revised 
Stat.,  Title  11,  Chap.  27.) 


The  following  letter  was  then  read  by  Wm. 
D.  O’Connor : — 

Hartford,  Ct,  June  25th,  1855. 

My  Dear  Mrs.  Davis  : — In  answer  to  your 
several  questions  relative  to  the  legal  rights  of 
married  women  in  this  State,  I  have  to  say  that 
all  the  real  estate  vrhich  is  owned  at  the  time 
of  marriage,  or  inherited  subsequently  by  the 
wife,  restsj  absolutely  in  her ;  all  her  personal 


21 


estate  at  the  time  passes  to  her  husband,  and 
all  that  she  may  afterward  receive  remains  in 
her  right,  her  husband  being  her  legal  trus¬ 
tee  for  the  same. 

On  the  decease  of  the  husband,  childless,  one- 
half  of  his  personal  estate  goes  to  the  surviving 
wife  absolutely,  together  with  a  life-use  of  one- 
third  of  his  real  estate,  and  the  whole  if  neces¬ 
sary  for  her  support.  , 

Her  earnings  are  subject  to  the  trusteeship 
of  her  husband,  and  nothing  more. 

She  is  the  guardian  of  her  own  children, 
and  is  always  confirmed  in  this  natural  right 
by  the  Court,  unless  incapacitated  from  some 
cause. 

In  case  of  divorce  the  father  takes  the  chil¬ 
dren  as  a  matter  of  course,  unless  objection  is 
made,  whereupon  the  question  is  referred  to 
the  proper  tribunal  and  decided  at  the  discre¬ 
tion  of  the  Court. 

I  have  thus  very  briefly  answered  the 
several  questions  which  you  propound  to  me ; 
and  they  embrace  everything  of  importance 
that  occurs  to  me  on  the  subject.  Should  any 
others  occur  to  you,  I  should  take  pleasure  in 
giving  you  any  information  that  I  possess. 

I  should  be  pleased  to  accept  your  kind  in¬ 
vitation  to  attend  the  Convention  in  Boston 
next  September,  but  may  not  be  able,  owing 
to  an  application  to  visit  Illinois  at  that  time. 
Be  assured,  in  any  event,  that  my  heart  is  with 
with  you  for  the  emancipation  and  elevation  of 
woman.  With  very  pleasant  remembrances 
of  you  all,  and  with  ardent  hopes  of  future 
happiness  in  the  perpetuation  of  an  acquaint¬ 
ance  so  pleasantly  begun,  I  remain,  dear 
madam,  very  truly  yours, 

Fras.  Gillette. 


Mrs.  Lucy  Stone  Blackwell  was  re¬ 
ceived  with  applause.  She  began  by  saying 
that  Massachusetts  only,  of  all  States,  had 
secured  to  women  the  right  to  what  they 
should  earn.  This  great  country  denies  to  one- 
half  its  population  even  the  right  to  their  own 
person.  In  this  State  the  law  used  to  be  that 
a  woman’s  will  was  valid  if  her  husband  would 
consent  to  it ;  frequently  he  would  not.  But 
the  last  Legislature  gave  women  the  right  to 
dispose  of  their  own  property. 

One  reason  why  women  should  vote  is,  that 
the  next  Legislature  may  undo  all  that  the 


last  have  done  for  women.  If  women  had  the 
elective  franchise  they  could  save  the  advan¬ 
tage  they  have  gained.  Every  brother  ought 
to  be  ashamed  to  go  to  the  polls  unless  his 
sister  can  go  with  him,  and  every  husband  the 
same,  unless  his  wife  can  vote  with  him.  The 
importance  of  circulating  Woman’s  Bights 
tracts  was  urged,  in  order  that  the  public  may 
understand  the  justice  of  the  movement.  The 
movement  had  the  eternal  truth  upon  its  side, 
it  only  needed  to  be  calmly  spoken  out  by  wo¬ 
men  ;  calmly  lived  out ;  and  God  would 
give  it  success. 

Women  were’called  upon  to  come  forward 
to  the  work  of  disseminating  the  truth,  by 
lectures;  going  to  every  country  town — it 
might  be  without  help,  but  they  themselves 
must  be  their  own  brave  helpers. 

We  have  given  but  a  meagre  sketch — in¬ 
deed  only  a  few  points — of  Mrs.  Blackwell’s 
address,  which  was  logical,  able,  and  eloquent. 

Mr.  T.  W.  Higginson,  of  Worcester, 
rose,  as  he  said,  to  bear  his  testimony  to  the 
noble  words  that  had  been  just  spoken,  and  to 
avow  that  he  believed  the  time  would  come 
when  it  would  be  a  disgrace  to  a  man  not  to  be 
a  woman’s  rights  man.  He  remarked  that  the 
principal  opposition  to  the  movement  came 
from  women,  and  not  men. 

This  was  the  result  of  the  long  bondage  to 
which  women  had  been  subjected ;  they  had 
come  at  last  to  doubt  whether  they  had  any 
right.  He  could  go  home  to  Worcester  to  the 
brave  Republican  Convention  assembled  there, 
with  a  clearer  conscience,  because  he  had  spo¬ 
ken  at  a  Woman’s  Republican  Convention.  He 
was  glad  to  recognize  that  the  Women’s  Move¬ 
ment  was  gaining  ground  rapidly. 

Nothing  could  prevent  its  success  now,  un¬ 
less  men  went  back,  put  women  again  into 
Oriental  seclusion,  locked  the  door  on  them, 
and  put  the  key  in  their  own  pockets.  The 
Governor  of  Massachusetts,  by  a  single  stroke 
of  his  pen,  in  signing  the  law  passed  by  the 
last  Legislature,  giving  women  the  right  to 
their  own  property,  had  given  to  women  one- 
half  of  what  they  asked  for ;  because  he  h^d 
thus  killed  the  old  principle  that  husband  and 
wife  are  one,  and  that  that  “  one  ”  is  the  hus¬ 
band.  Many  other  indications  of  progress 

I  were  mentioned. 

Mr.  H.  averred  that  it  was  not  till  1828  that 


22 


girls  had  equal  privileges  with  boys  in  our 
grammar  and  primary  schools.  The  object  of 
the  movement  was  to  redeem  women  to  a 
nobler  and  higher  life  than  they  had  yet  occu¬ 
pied.  All  women  are  great  on  great  occasions ; 
it  was  an  object  of  the  movement  to  make  all 
occasions  great  to  women.  It  was  to  secure  re¬ 
spect  to  women ;  to  prevent  men  from  being 
tyrannical. 

If  Florence  Nightingale  is  noble  with  her 
duty  plain  before  her,  and  the  nation  at  her 
back,  how  much  nobler  are  the  women  who 
work,  without  majorities  to  sustain  them,  for 
the  unrecognized  suffering,  and  the  army  of 
the  poor !  He  thanked  God  there  are  Flor¬ 
ence  Nightingales  in  the  movement  who  will 
win  the  gratitude  of  the  latest  posterity. 

Mrs.  Severance,  from  the  Business  Com¬ 
mittee,  announced  that  Wendell  Phillips  and 
Lucy  Stone  Blackwell  would  be  the  speakers 
this  evening,  in  the  Tremont  Temple,  at  half¬ 
past  seven  o’clock.  Kalph  Waldo  Emerson 
will  speak,  and  Mrs.  Elizabeth  Oakes  Smith 
deliver  a  poem  in  the  same  place  to-morrow 
evening. 

Mr.  John  C.  Cluer  stated  that  he  had 
heard  Mr.  S.  D.  Parker,  one  of  the  oldest 
lawyers  in  the  Commonwealth,  argue  lately  in 
the  Police  Court  that  a  man  had  a  legal  right  to 
whip  his  wife  with  a  rattan.  Mr.  C.  went  on  to 
denounce  the  last  Legislature  without  mercy. 

Mrs.  Ball,  in  reply,  said  that  neither  the 
report  nor  the  subsequent  remarks  were  in¬ 
tended  to  praise  the  Legislature. 

We  stood  here  simply  to  speak  of  the  rela¬ 
tion  of  the  laws,  of  the  Constitution,  of  the 
customs  in  Massachusetts,  to  the  position  of 
women  in  Massachusetts ;  and  if  we  were  not 
just,  as  women,  could  we  ever  expect  to  pre¬ 
vail  with  any  audience  ?  If  we  admit  that  the 
position  of  women  in  Massachusetts  is  to-day 
improved  in  many  respects,  should  we  not  also 
admit  that  the  last  Legislature  did  more  for  the 
cause  of  women  than  any  previous  court  ? 

She  appealed  to  the  audience  to  know 
whether  such  a  cause  was  not  more  commend¬ 
able  than  to  be  prejudiced  against  them. 

Mr.  Cluer  responded  by  saying  that  he 
was  not  prejudiced.  Look  to  the  statement  of 
facts.  He  thought  the  fact  of  their  seeking  to 
injure  woman  was  enough  to  condemn  them  in 
the  estimation  of  every  honest  man.  He 


thought  that  any  apology  that  was  made  for  the 
Legislature  that  had  taken  away  the  means  of 
protection  of  thousands  and  tens  of  thousands, 
was  doing  little  for  the  cause  of  Women’s 
Rights. 

Adjourned  till  3  o’clock. 


THURSDAY  MORNING. 

Mrs.  Severance,  for  the  Business  Commit¬ 
tee,  reported  the  following  Resolution,  and  sus¬ 
tained  it  by  the  accompanying  remarks : — 

Resolved^  That  the  principles  of  the  Wo¬ 
man’s  Rights  Movement  are  not  antagonistic 
to  existing  institutions,  social,  civil,  or  sacred, 
among  us ;  are  not  responsible  for  any  mis¬ 
apprehension  of  them  which  may  imply  such 
antagonisms ;  but  legitimately  reach  only  to 
the  correction  of  the  abuse  and  injustice  of 
such  institutions,  and  are  simply  a  broader 
expression  of  the  philanthropy  of  past  or¬ 
ganized  Christian  charities,  and  a  specific  ap¬ 
plication  of  the  golden  rule  of  the  Christian 
code. 

In  making  the  unqualified  assertion  that  the 
principles  of  our  movement  are  antagonistic 
to  no  existing  institution  among  us,  it  can 
scarcely  be  necessary  to  explain  that  no  refer¬ 
ence  is  had  in  such  statement  to  that  remnant 
of  brute  force  and  barbaric  times  among  us, 
which  is  sometimes  dignified  with  the  equivo¬ 
cal  name  of  the  '•'’peculiar  institution,” — a 
system  which,  in  its  utter  outrage  of  the  first 
principles  of  law,  and  justice,  and  mercy; 
and  its  insult  to  all  humanity,  whether  in 
freedom  or  in  chains,  is  so  peculiar  as  to  for¬ 
feit  all  claim  to  recognition  as  an  “  institution” 
under  a  government  the  basis  of  all  whose 
legitimate  institutions  is  the  equality  and  es¬ 
sential  freedom  of  man. 

Aside  from  this,  I  repeat,  our  movement, 
rightly  understood,  aims  at  the  overthrow  of 
no  recognized  institution  among  us.  In  the 
church,  it  would  proclaim  only  equal  freedom' 
of  position  and  of  utterance  for  woman,  as 
she  may  be  fitted  for,  or  moved  thereto  by  the 
equal  Father,  with  whom,  in  the  bestowal  of 
gifts,  and  in  the  fulness  of  blessing,  there  is 
neither  male  nor  female. 

In  the  family — the  ark  of  blessing  to  the 
race — it  would  remove  only  the  anomaly  and 
abuse  of  caste, — the  bondage  of  the  assumed 
inferior,  to  the  self-constituted  superior — reit" 


r 


23 


erating  throughout  all  the  multiplicity  of  its 
interests,  social  and  pecuniary,  and  the  in¬ 
timacy  of  its  companionship, — the  self-same 
word  of  the  same  Gospel — “  Do  unto  the  other 
as  ye  would  that  they  should  do  unto  you." 

In  government.,  it  would  assert  for  woman 
the  rights  of  citizenship,  the  application  to 
her  of  the  “  self-evident  truths”  so  fully  ac¬ 
cepted  in  regard  to  man — no  just  government 
without  the  consent  of  the  governed;  no  right¬ 
eous  taxation  without  representation  ;  endeav¬ 
oring  to  fortify  the  assertion  by  the  argument, 
many-worded  and  many-sided,  but  briefly 
this, — that  the  enacting  of  injustice  toward 
woman.,  is  as  flagrant  a  wrong,  and  as  vital 
an  injury,  as  toward  her  brother. 

In  society,  our  movement  would  level  all 
distinctions  of  sex  in  regard  to  the  choice  of 
occupation,  the  labor  to  be  performed,  and  its 
remuneration ;  leaving  them  all  to  the  opera¬ 
tion  of  the  law  of  demand  and  supply,  to  the 
taste  and  fitness  of  the  individual,  the  value 
of  the  work,  and  the  skill  of  the  worker ; — 
above  all,  securing  to  the  individual  worker, 
the  earnings  of  its  own  hands,  whether  in 
marriage  or  out  of  it. 

It  would  thus  substitute  justice  for  that 
charity,  which,  in  caring  for  the  widow,  and 
orphan,  and  destitute,  deals  now  mainly  with 
effects — by  striking  a  fatal  blow  at  a  class  of 
the  causes  which  make  widows  helpless,  which 
paralyze  the  maternal  arm,  or  make  fruitless 
its  most  earnest  efforts,  and  leave  to  our  asy¬ 
lums  a  perpetual  legacy  of  orphaned  child¬ 
hood  and  dependent  womanhood. 

It  would  thus  also  oflfer  a  remedy  for  the 
monotony  of  an  aimless  life,  a  resource  for  the 
despair  of  an  illy-adjusted  one,  and  stimulate 
woman  to  the  highest  possible  development 
and  achievement. 

So  much,  and  nothing  more,  of  malice  or 
of  mischief,  hath  our  movement ;  and  if,  in 
the  weakness  of  personal  suffering  under  in¬ 
justice,  the  narrowness  of  a  limited  selfish  vis¬ 
ion,  or  the  sternness  of  a  keenly  aroused  sense 
of  justice  on  behalf  of  other  sufferers,  any 
have  added  thereto,  it  is  not  of  the  principles 
we  have  announced  that  it  has  come  to  pass, 
but  of  the  very  lack  of  their  prevalence.  And 
we  would  beg  of  all,  in  judging  questions  so 
grave  and  momentous,  to  use  a  wise  discrim¬ 
ination. 


Annihilation  of  marriage,  with  the  sweet 
sanctities  and  tender  relations  of  the  home, 
would  not  remedy  woman’s  legal  and  social 
wrongs.  Polygamy,  whether  of  the  ancient 
or  modern  type,  would  but  add  to  them  a 
thousand  fold. 

Destruction  of  the  priesthood  would  only 
result  in  a  newer  form  of  the  same  authority 
and  service,  until  man  and  woman  are  strong 
enough,  and  have  sufficient  respite  from  the 
toil  and  care  of  life,  to  be  each  one  kings  and 
priests  unto  God. 

Let  us  have  justice,  and  freedom,  and  pu¬ 
rity — but  not  utter  anarchy,  and  indiscrimi¬ 
nate  destruction,  branding  our  age  with  a 
worse  barbarism  than  that  of  Goth  or  Van¬ 
dal,  or  Iconoclast,  destroying  not  only  the 
idols  of  undue  reverence,  but  the  very  shelters 
of  the  conscientious  worshippers — the  very 
refuges  of  sweet  virtue  and  honest  faith. 

The  resolution  was  subsequently  objected 
to,  and  replaced  by  the  first  of  those  finally 


Thursday  Evening,  Sept.  20, 1855. 

Before  the  adjournment  of  the  Convention, 
the  following  Resolutions  were  unanimously 
passed. 

Resolved,  That  the  principles  of  the  Wo¬ 
man’s  Right’s  movement  are  not  antagonistic 
to  social,  civil  and  sacred  institutions. 

Resolved,  That  the  Women  of  New  Eng¬ 
land  here  assembled,  look  forward  to  the  at¬ 
tainment  of  the  elective  franchise,  as  the  only 
means  of  securing  for  woman  such  advantages 
as  she  has  hitherto  gained,  or  of  placing  on  a 
permanent  basis,  her  educational,  social  and 
civil  progress. 

Resolved,  That  the  failure  to  attain  a  civil 
position  has  been  the  true  reason  why,  until 
this  day,  women  have  only  obtained  transitory 
privileges  instead  of  eternal  rights. 

Resolved,  That  in  the  reverent  and  gener¬ 
ous  spirit  in  which  our  opening  yesterday  was 
received,  and  in  the  generally  respectful  men¬ 
tion  of  the  press,  we  recognize  the  power  of  a 
gentle  but  fearless  advocacy  of  the  truth  to 
win  the  public  ear,  and  a  most  cheering  omen 
for  the  future. 

Resolved,  That  without  flinching  from  the 
dearest  and  simplest  statement  of  every 
woman’s  right  to  all  human  rights,  we  in¬ 
tend  to  hold  a  position  reverent  to  woman, 
faithful  to  man,  and  devout  toward  the  In¬ 
finite  God. 


"7' 


